Last Updated: [August, 2023]
- Femtek Pty Ltd (Femtek, we, our, and/or us) operates a wearable technology and software business, which sells wearable technology for women (Products). The Products collect certain biometric data (Biometric Data) of the wearer via a software application (Application). Users are also required to directly input various data (Recorded Data) directly into the Application which then combines this data with the Biometric Data to provide training and lifestyle recommendations (collectively, the Services). Our website is located at femtek.co (Website).
- We are committed to protecting the privacy of individuals (you, your, and/or yourself) we interact with in connection with the provision of our Services and through the Website, Application and Products.
- This Policy also contains information about how you may access and seek correction of your personal information held by us, and how to contact us in relation to any privacy-related concerns.
- This Policy also provides you with notice of the collection of your Personal Information by us.
- By using our Services or otherwise supplying us your Personal Information, you consent to our collection, use, disclosure, storage, destruction and otherwise handling of Personal Information, in accordance with the terms of this Policy and the Australian Privacy Principles.
- If you provide a pseudonym to us or wish to remain anonymous, you can browse and view the Website without restrictions, however we may not be able to provide you with the full extent of our Services and our interactions with you may be limited. We may require that you accurately identify yourself so that we can take reasonable steps to provide accurate information as part of providing our Services.
- If we change this Policy, we will display the updated Policy on the Website and we may also advise you in writing. If you object to any changes, you may contact us and we will attempt to resolve your complaint within a reasonable time.
2. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
- We only collect personal information that is reasonably necessary to provide our Services and operate the Website and Application.
- We may collect de-identified personal information in the following circumstances (this is not an exhaustive list):
- where you complete a form or registration process in relation to our Website, Application or otherwise;
- where you make a purchase from our Website;
- where you have inquired about our Products or Services, or otherwise communicated with us in person, over email or phone, via social media or otherwise;
- where you wear one of our Products linked to the Application, which then collects Biometric Data from you;
- where you input Recorded Data into the Application;
- where you are interacting with the Website, Application and/or Products, through the use of browser cookies or trackers; and
- in such other situations, which we will inform you from time to time, where we collect personal information from you that is reasonably necessary for the operation of our Website and Application and to provide the Services.
3. WHAT PERSONAL INFORMATION DO WE COLLECT?
- The kinds of personal information we may collect from you will depend on the nature of your interaction with us.
- We collect, use and store the following types of De-Identified Personal Information:
- Date of birth;
- Geographical information;
- IP address;
- Billing information;
- Biometric data;
- Other Personal Information that you may voluntarily provide to us to assist us to provide our Services.
- If you wish to receive our Services, some of the personal information we collect form you may be sensitive information as defined in the Privacy Act.
4. WHAT DO WE DO WITH YOUR PERSONAL INFORMATION?
- We will not sell or trade your personal information to any third party, organisation or individual; ever.
- We may use your de-identified information for the following purposes subject to clause 4(c) – clause 4(e):
- to provide our Services to you (including by providing you with training and lifestyle recommendations);
- to personalise your experience of our Services and the Website;
- to respond to feedback and complaints;
- for enforcement of any contracts you are a party to on our Website;
- for direct marketing purposes with your consent (see section 7 below);
- to notify you of important changes to our Website or content on the Website that may be of interest to you; and
- to notify you of important changes to our Products or Application that may be of interest to you.
- Where we collect any de-identified information about you, we use the information to help us provide our Services to you for example, to help provide tailored training and lifestyle recommendations to you based on the de-identified information you have provided to us.
- We are required to disclose your Personal Information:
- to third party payment processors for processing payments;
- to any duly authorised law enforcement officer or any other person authorised by any law, or in circumstances permitted by the Privacy Act.
- We will not disclose sensitive information to any third party unless we have your consent or are otherwise permitted or required by law to do so.
6. PERMISSION TO USE YOUR DE-IDENTIFIED DATA IN RESEARCH:
- We collect and aggregate your de-identified and anonymous data (from usage of the device and app) for in house and clinical research, analysis, and insights. We will never disclose or access personally identifiable information.
- The information collected for research is used to further our services, and your data is combined with that of others in a way that further prevents and potential identification.
- By using our App and Services, you consent to the collection and use of your information for research and purposes as described.
7. DO WE SEND YOUR PERSONAL INFORMATION TO PARTIES OUTSIDE AUSTRALIA?
- We use third-party service providers for digital cloud storage, web hosting or other technology-related services in connection with the operation of our Website and Application.
- As some of our third-party service providers operate globally, we cannot say with certainty where their servers are located or the countries out of which they operate at any given time. Further, these locations may be subject to change without notice to us.
- The Privacy Act requires us to ensure that, before disclosing any information overseas, reasonable steps are taken to ensure that overseas recipients do not breach the Act or the applicable Australian Privacy Principles. However, it is not always possible for us to ensure that multinational companies, such as technology businesses, will not breach the Privacy Act or the applicable Australian Privacy Principles.
8. ARE WE RESPONSIBLE FOR THIRD PARTIES WEBSITES AND SOCIAL MEDIA LINKS?
This Policy applies solely to personal information collected in connection with our Website and Services. We are not responsible for the collection of information and/or the privacy practices of any third parties whose websites may be linked on our Website, our social media accounts (e.g. Facebook, Twitter, YouTube) or in our e-mail communications to you. We refer you to the privacy policies for the relevant third parties.
9. WILL WE SEND DIRECT MARKETING COMMUNICATIONS TO YOU?
- Your personal information may be used by us to offer you new products, notify you of new developments and updates to our Website, Application, Products and/or Services, or to make other promotional communications to you related to our Website, Application, Products and/or Services.
- If you do not wish to receive direct marketing communications from us, you may opt-out any time by clicking the link for opting-out in our e-mail communications sent to you, or by contacting us (see section 11).
10. DO WE COLLECT PERSONAL INFORMATION THROUGH COOKIES AND ANALYTICS TOOLS?
- We do not merge any personal information we have collected from you with data obtained through cookie technology.
- You are able to opt out of cookie technology through changing the settings on your browser, but this may affect the way you experience our Website and Application.
11. HOW DO WE KEEP PERSONAL INFORMATION SECURE?
- We will use all reasonable means to protect the confidentiality and de-identify your personal information while in our possession or control.
- We take the responsibility of protecting your personal information from misuse, interference, loss, unauthorised access, modification and disclosure very seriously.
- You should be aware that there are inherent risks associated with the transmission of information via the internet, and our data security measures can never be guaranteed. This means that while we take steps to protect your personal information, and your de-identified information, we cannot guarantee its security.
- If you suspect any misuse, loss or unauthorised access, modification or disclosure of your personal information provided to us, please contact us immediately.
12. WILL WE TRANSFER YOUR PERSONAL INFORMATION?
If we are involved in a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation, we may be required transfer, sell or assign your personal and de-identified information collected by us to one or more relevant third parties in our sole discretion.
13. WHAT IF I HAVE QUESTIONS OR COMPLAINTS ABOUT THIS POLICY?
- If you:
- have any questions about this Policy;
- wish to correct or update your personal information that we hold; or
- wish to make a complaint or discuss any other privacy concerns you may have,
Please contact us using the following details:
We reserve the right to charge for reasonable expenses that we may incur in preparing and adjusting any of your personal information which you have requested.
- If you have a complaint or a privacy-related concern in relation to this Policy, please provide us with the opportunity to resolve the matter by contacting us using the methods outlined above. Once we have received a complaint or privacy-related concern, we will try to work with you to resolve the matter.
- For further information on privacy, you may wish to visit the website of the Office of the Australian Information Commissioner (OAIC): oaic.gov.au.