Privacy Policy

About this Privacy Policy

(a)  Optalert Australia Pty Ltd ACN 121 747 591 is an innovative medtech company and leader in the field of drowsiness and wakefulness detection and monitoring.

(b)  This Privacy Policy only applies to the extent Optalert collects, uses, holds, and discloses your personal information. In this Privacy Policy, a reference to “personal information” includes, where the context permits, “sensitive information”.

(c)  References in this Privacy Policy to “Optalert”, “we”, “us” and “our” are references to Optalert Australia Pty Ltd ACN 121 747 591 and includes all companies in the Optalert Group.

Consent

By providing your personal information to us, you consent to our collection, holding, use, and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that may apply between us.

Changes to this Privacy Policy

Optalert may revise this Privacy Policy from time to time, either by posting the revised Privacy Policy on our website or by other written notification to you. Any changes to this Privacy Policy take effect upon the earlier of the revised Privacy Policy being posted on our website or notification to you.

Information collected and held

In the process of conducting its operations and its business, including the provision of Online services, Optalert will likely collect and hold a range of personal information. The type of information we may collect and hold includes:

  • your name.
  • your email address;
  • your mobile number;
  • your telephone number;
  • your company name;
  • your address;
  • eye blink characteristic data;
  • data derived from processing eye blink characteristic data;
  • video of product use; and
  • any other information that may be required in order to facilitate your dealings with us.

You have the option of not identifying yourself or using a pseudonym when dealing with us in relation to a particular matter. However, if you do this then you may not be able to use the full functionality of our services and we may not be able to provide you with our products and services.

Method of collecting information

Optalert may collect personal information either directly from you or from third parties (including the third parties listed below). We may also collect personal information when you:

  • submit a query via our website;
  • register for an account with us;
  • provide personal information to us;
  • communicate with us through correspondence, chats, email, or when you share information with us over the telephone or in person; or
  • share information from social media platforms, services, and other permission-based marketing sites.

Information used and disclosed

Optalert will collect, hold, use, and disclose your personal information for the following purposes:

  • answering your queries, fulfilling your request for, or processing your applications for registration to, use or access our services;
  • providing you with our services;
  • maintaining and updating registration details for you and users of our services;
  • providing information on products, services, and benefits available to you and users of our services;
  • providing information to subsidiaries, related parties, and suppliers of Optalert;
  • providing information to third parties (including in return for a fee or payment) such as Amazon Web Services and Microsoft;
  • any legal representative you or a person you are representing advises is retained by you or a person you are representing;
  • fulfilling or processing an order for a product or service offered by our services;
  • if a payment is made via our website or otherwise for any product or service, receiving and processing that payment including exchanging personal information with the relevant bank or payment provider;
  • providing services and customer support, including software and service updates;
  • comparing information for accuracy, and verifying it with third parties;
  • improving our offers, services, products, or services including by examining and keeping track of patterns of use through our interactions with you;
  • optimising our website and our users’ experience such as to perform analytics, conduct research, and for advertising and marketing purposes;
  • in the event there is a change of contractor providing services to or on behalf of Optalert, transferring your personal information to the new contractor;
  • resolving any disputes that we may have with you or any user of our services or our website, and enforcing our agreements with third parties;
  • providing information as authorised or required by law or a relevant government body or authority;
  • using and disclosing de-identified personal information to third parties including for the purposes of carrying out statistical analysis and research, to analyse and improve Optalert’s products, services and benefits to users and other members, and for the benefit of Optalert’s commercial gain. Optalert may in connection with these matters supply the de-identified personal information to relevant third parties;

Optalert may also use and disclose your personal information:

  • to market our services and our other products or services;
  • for research purposes;
  • to analyse and improve products, benefits, and services; and
  • to inform you and other users of products, services, and benefits provided by Optalert, its related entities, or preferred suppliers which Optalert considers may be of value or interest to you unless you tell Optalert or have previously told Optalert not to.

If you do not wish to receive any information about Optalert products, services or benefits then please opt-out of receiving that information, either by:

  • e-mailing us at info@optalert.com; or
  • contacting us in writing at the address noted in section 14 of this policy.

Please allow 10 business days before any opt-out becomes effective.

To whom personal information is disclosed

Optalert may disclose personal information for the purposes described in this Privacy Policy to:

  • Optalert’s employees, officers, directors, agents, contractors, and related bodies corporate;
  • third party suppliers or service providers such as:
    • contractors who assist us in providing products or services to you;
    • mailing and distribution providers which organise delivery of products;
    • providers of help services, maintenance, and repair services;
    • market research providers;
    • marketing providers who conduct specialised activities such as mail-outs and the dispatch of messages on social media platforms;
  • our professional advisers (including our accountants, legal advisers and auditors);
  • our insurers;
  • payment systems operators (e.g. banks or merchants receiving card payments);
  • anyone to whom our assets or businesses (or any part of them) are transferred;
  • specific third parties authorised by you to receive information held by us (including, without limitation, any legal representative you or a person you are representing advises is retained by you or a person you are representing);
  • the third parties listed above; or
  • other persons, including government agencies, courts, regulatory bodies, and law enforcement agencies, or as required, authorised, or permitted by law.

Optalert will generally not disclose your personal information to anyone except as described in this Privacy Policy unless you consent to a particular disclosure or if the identifying information can be removed.

Cookies

  • A cookie is a small text file stored on your browser’s software when you access our website or when you access our services.
  • Optalert servers may generate cookies which collects and stores information about your use of our website and Online services. This information is used to do the following:
    • log certain information including the type of browser and operating system you are using, the top level domain name (for example “.com”, “.net”, and “.au”), the address of the referring site (for example, the previous site visited), the server’s IP address, the date and time of visit, and the address of the pages accessed and the documents downloaded; and
    • keep track of the pages you have accessed while using our website or our services as well as any information you input into any form or agreement template.
  • This information is generally only used for internal statistical analysis and system administration purposes. It is also used to improve your, or other users’ experience of our services, tailor placement of online content, or improve the overall quality of our products and services.
  • The cookie allows you to page backwards and forwards through our website and return to pages you have already visited. The cookie also allows data to be inputted into a form or template and temporarily stored until you choose to save that form or agreement template.
  • Cookies generally remain on your computer even after an internet session is ended and the computer is turned off. The cookie can be read by the server that placed it there during a subsequent visit to that same server. The exact behaviour is server specific.
  • Our services may use third party analytical and advertising tools such as Google Analytics and Facebook Business Manager which are owned and operated by Google and Facebook respectively (Third Party Tools).
  • The Third-Party Tools may use cookies to help analyse how you use and interact with our services. The Third-Party Tools may be used to manage marketing activities of Optalert, including the creation, publishing, monitoring, and organization of advertisements. The Third-Party Tools may also anonymously track how you interact with our services, including where you came from, what you did on our services, and whether you completed any transactions on our services.
  • The information generated by the cookies about your use of our services (including your IP address) may be transmitted to and stored by the Third-Party Tools on servers outside of Australia. This information may also be:
    • used for the purpose of compiling reports on our website activity, Online services activity, and providing other services relating to our website, Online services, and internet usage; and
    • transferred to third parties where required to do so by law, or where such third parties process the information on behalf of the Third-Party Tool.
  • You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of our services. By using our services, you consent to the processing of data about you by Optalert and the Third-Party Tools in the manner and for the purposes set out in this Privacy Policy.

Information security

Optalert takes reasonable steps to protect all personal information which it holds from misuse, loss, and unauthorised access, modification, interference, or disclosure.

Where appropriate, Optalert uses secure transmission facilities. However, you are advised that there are inherent risks in transmitting information across the internet, including the risk that information sent to or from a website or Online services may be intercepted, corrupted, or modified by third parties. No transmission of information over the internet can be guaranteed to be completely secure. As a result, we do not warrant the security of any information transmitted to us over the internet.

Disclosure of personal information outside of Australia

Optalert may disclose your information to entities overseas, including Amazon Web services, Microsoft, and other companies engaged by Optalert to assist with the development of Optalert products or services.

When you provide your personal information to us, you consent to the disclosure of your personal information outside of Australia and acknowledge that, in doing so, we will not be accountable under the Act for the treatment of that personal information by the overseas recipients. Any party to whom we disclose information may not be subject to regulation which has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information and you may have no or no similar privacy protection in the country where the overseas entity is located.

However, we will take reasonable steps that are reasonable in the circumstances to ensure that any overseas recipient will deal with such personal information in a way that is substantially similar to or consistent with the way in which the relevant Australian Privacy Principles in the Act protects such personal information.

Links to other websites

The Website and our services may contain links to other websites. We recommend that you review the privacy policies of those websites so that you can understand their privacy practices. Optalert is not responsible for the privacy practices of, or the content on, those websites. This Privacy Policy does not extend to those websites.

Accessing your Personal Information

You may request access to any personal information held by Optalert which relates to you. If Optalert holds personal information of any other individual, that individual has the same right to request access to personal information that Optalert may hold, unless Optalert is permitted by law (including the Act) to withhold that information. Optalert may charge a reasonable fee where access to personal information is provided (no fee will be charged for making an application to access personal information).

Any requests for access to your personal information should be made in writing to the Privacy Officer (contact details below). You also have the right to request the correction of any personal information which relates to you that is inaccurate, incomplete, irrelevant, misleading or out-of- date.

Complaints

If you wish to make a complaint about the way we have handled your personal information, or that we may have breached this Privacy Policy please contact the Privacy Officer. Please include your name, email address, and telephone number. Please also 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 further steps you can take.

You are also entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC). You can obtain further general information about your privacy rights and privacy law from the OAIC by:

  • calling their Privacy Hotline on 1300 363 992
  • visiting their web site at http://www.oaic.gov.au
  • writing to:
    The Australian Information Commissioner
    GPO Box 5218
    Sydney NSW 1042

Contact details

The Privacy Officer
Optalert Australia Pty Ltd
Level 6, 1-3 Newton St
Cremorne VIC
Australia 3121

Last Updated: 10 October 2022

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