PRIVACY POLICY
Field Orthopaedics Pty Ltd Limited ACN 607 190 830 (Field Orthopaedics) is committed to complying with the Australian Privacy Principles as contained in the Privacy Act 1988 (Cth) (Privacy Act).
The purpose of this policy is to inform individuals about the manner in which Field Orthopaedics collects and manages personal information.
Copies of this policy will be made available free of charge to any person who requests it.
1. What is personal information?
Personal information is defined in the Privacy Act to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
Personal information can include sensitive information. Sensitive information is defined in the Privacy Act as information or an opinion about a person's race, ethnic origin, political opinions, membership of political associations and trade associations, religious or philosophical beliefs, sexual orientation or practices, criminal record, health information, genetic information about an individual that is not otherwise health information, biometric information that is used for the purpose of automated biometric verification or biometric identification and biometric templates.
2. What kinds of personal information are collected and held by Field Orthopaedics?
Examples of the kinds of personal information that may be collected by Field Orthopaedics include:
- name;
- address and other contact details such as email address and telephone number;
- a person's employer and/or place of business;
- status as a healthcare professional;
- CCTV images recorded at our premises.
3. How does Field Orthopaedics collect and hold personal information?
Field Orthopaedics collects personal information from:- individuals directly;
- healthcare professionals who request product information access via our website;
- customers placing orders for products or services;
- our distributors, suppliers, contractors and related entities;
- CCTV cameras located at our premises.
4. The purposes for which Field Orthopaedics collects, holds, uses and discloses personal information.
Field Orthopaedics may collect, hold, use and disclose personal information for the following purposes:- to supply our products and services and to conduct our other business activities;
- to respond to requests and inquiries;
- to contact individuals, via email, regular mail, telephone or otherwise;
- to provide you with information that we believe may be of interest to you or that you have requested;
- direct marketing and business development;
- to develop and improve programs, products, services and content;
- to protect our rights and property;
- for security and occupational health and safety purposes;
- to investigate or report suspected unlawful activity;
- to protect someone's life, health, safety or welfare;
- to comply with a law or regulation, or a court order or other legal process.
Field Orthopaedics never uses health information or any other sensitive information for direct marketing purposes.
5. Disclosure to other parties
Field Orthopaedics may disclose personal information to:
- our related entities;
- our distributors;
- contractors we use to support our business (including IT support and other IT services, delivery services and financial institutions);
- our suppliers;
- our lawyers, accountants and other business advisers;
- health care professionals and health service providers;
- law enforcement officers, regulators, courts and government agencies - if required by law or regulation, court order or other legal process, or in order to protect Field Orthopaedics's rights, property, or if necessary to prevent a threat to any person's life, health or safety.
Field Orthopaedics will not sell or exchange your personal information except in conjunction with a corporate sale, merger, dissolution, acquisition or other similar event.
6. Disclosure outside of Australia
Our servers are hosted in the United States of America. In addition, we are likely to disclose personal information to our United States based employees, and in Switzerland .
We may also disclosed personal information to our distributors who are located United States, New Zealand, Australia, South Africa and Switzerland.
7. Government related identifiers
You must use the website responsibly and within the law. It is your responsibility to:
7.1 use the website in a manner which does not violate any applicable laws or regulations;
7.2 respect the legal protection afforded by copyright, trade mark, license rights and other laws to data and content accessible via the website;
7.3 respect the privacy of others;
7.4 use the website in a manner which does not interfere with or disrupt other users of the website, services or equipment;
7.5 refrain from acts that waste resources or prevent other users from receiving the full benefit of the website; and
7.6 use the website lawfully, ethically and in accordance with accepted community standards.
8. Unacceptable uses
8.1 You must not use the website in any way which breaches local, state, federal or international laws or regulations. Without limiting that, you must not:
8.1.1 violate copyright, trade mark or other intellectual property rights;
8.1.2 illegally store, use or distribute software owned by or licensed to us;
8.1.3 transmit threatening, obscene or offensive materials;
8.1.4 discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
8.1.5 misrepresent or defame others;
8.1.6 commit fraud;
8.1.7 damage, modify or destroy any of our or any other person’s files, data, passwords, devices or resources;
8.1.8 make an unauthorised transmission of confidential information or data protected by trade secrets;
8.1.9 engage in misleading or deceptive on-line practices;
8.1.10 conduct any business or activity or solicit the performance of any activity that is unlawful;
8.1.11 impersonate any person, or misrepresent your identity or affiliation with any person; or
8.1.12 attempt to do any of these things.
8.2 You must not use the website to interfere with or disrupt the website or other users, services or equipment. In particular, for example, you must not:
8.2.1 distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
8.2.2 send unsolicited commercial messages;
8.2.3 initiate or spread computer worms, viruses or other types of malicious programs;
8.2.4 make transmissions of any type or quantity which adversely affect the operation of the website or jeopardises the use of the website, or its performance for other users of the website; or
8.2.5 harass or impersonate us, the website or other users of the website;
8.2.6 attempt to interfere with service to any user, host or network, including without limitation via means of overloading, "flooding", "mail bombing" or "crashing";
8.2.7 forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
8.2.8 engage in conduct which causes a threatened or actual nuisance to other users of the website; or
8.2.9 violate or attempt to violate the security of the website.
8.3 You must not:
8.3.1 attempt to reconfigure the website in any way or modify, reverse engineer, disassemble, decompile, copy or cause unintended effect to any part of the website or any software used on the website;
8.3.2 data scrape the website either manually or by use of a web spider, web robot or any other web crawling or other technology; or
8.3.3 attempt to obtain unauthorised access to any part of the website, or to our servers or any hardware supporting the website.
9. Our rights
9.1 You will indemnify us against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that we suffer or incur as a result of:
9.1.1 any breach of these Terms by you;
9.1.2 your use of or access to the website or any information provided on the website;
9.1.3 your breach of any third party's intellectual property rights; or
9.1.4 any wilful, unlawful or negligent act or omission by you,
except to the extent caused by our negligence.
9.2 Without limiting any of our other rights, if you breach any term of these Terms, we will have the right to:
9.2.1 confiscate or destroy or require you to return or destroy, at your cost, all material that you have obtained from the website;
9.2.2 require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website, using any means reasonably necessary;
9.2.3 suspend or terminate your access to the website; and
9.2.4 take any other action against you.
9.3 These Terms are governed by and are to be interpreted pursuant to the laws of Queensland, Australia and users of the website submit to the non-exclusive jurisdiction of courts of Queensland, Australia in respect of any disputes under or related to these Terms or a user’s access to or use of the website.
10. What we may do to ensure that these Terms are being followed
10.1 We may (but are not obliged to) monitor your use of the website to determine whether these Terms are being followed. If we monitor your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms.
10.2 If we become concerned that your use of the website may break the law or that you have not complied with these Terms, we will generally attempt to contact you by email before taking action (if possible). However we may at any time report any offences committed by a user of this website to the relevant law enforcement authorities.
10.3 If we believe that your use of the website may break the law or that you have not complied with these Terms we may also suspend or terminate your access to the website without notice.
11. Limitations
11.1 We may from time to time suspend, disconnect or deny access to the website, without notice to you during any technical failure, modification or maintenance affecting the website.
11.2 Without notice to you, we may remove, amend or alter any material or data in the website for any reason including without limitation upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.