This privacy policy governs the way we, Internetics Pty Ltd ACN 133 976 011 trading as myMisdiagnosis (we, us), handle your personal information.

We understand the importance of, and are committed to, protecting the privacy and security of your personal information. We are bound by the Australia Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy explains how we manage your personal information, including health and other sensitive information, and our obligations and your rights in respect of our dealings with your personal information.

Please take a moment to read this Privacy Policy as it describes what happens to the personal information, including health and other sensitive information, collected via our website www.myMisdiagnosis.com (Website).

1. What is 'personal information'?

   
   

   Personal information is information or an opinion about you, whether true or not, which identifies you or from which your identity can be reasonably obtained.

   
   

2. What is 'health information'?

   
   

   Your health information is sensitive information and includes any information collected about your health or disability, and any information collected in relation to a health service you have received. It may also include, for example, your wishes about the future provision of health services.

   
   

3. What kinds of personal information do we collect?

   
   

   We provide an information management platform through our Website that primarily functions to:

   
   

   1. provide a repository of medical diagnoses and misdiagnoses that is available to the public, to increase awareness about medical misdiagnosis (Repository); and

      
      

   2. allow registered users to upload information and materials, including content concerning their health and diagnostic history, to our Website (User Content).

      
      

      The types of personal information we may collect from you varies depending on the nature of our engagement with you and the User Content you upload to our Website.

      
      

      As a registered user of our Website, the types of information we collect may include:

      
      

   3. your name and contact information, including your postal address, email address and phone number;

      
      

   4. a screen name associated with your registered account with us (Member Account);

      
      

   5. all User Content you upload to our Website;

   6. your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;

      
      

   7. details of any products or 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;

      
      

   8. any additional information relating to you that you provide to us directly through our Website or indirectly through your use of our Website or online presence, or through other websites or accounts from which you permit us to collect information;

      
      

   9. information you provide to us through customer surveys; and

      
      

   10. any other personal information that may be required in order to facilitate your dealings with us.

       
       

       We may collect and hold sensitive information about you, including information about your health and diagnostic history, but only if you provide this to us directly by submitting User Content containing such information to our Website.

       
       

       We only collect sensitive information about you with your consent, or otherwise in accordance with the Privacy Act.

       
       

4. How do we collect personal information?

   
   

   We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way. Where it is reasonably practical to do so, we will collect your personal information directly from you. We may collect the personal information you directly give us through some of the following means:

   
   

   1. when you interact with our Website, services, content and advertising, including when you register for a Member Account on our Website, upload User Content to our Website, or make an enquiry through our Website;

      
      

   2. when you contact us via telephone or email;

      
      

   3. while conducting customer satisfaction and market research surveys;

      
      

   4. when administering any of our services;

      
      

   5. when you invest in our business or enquire as to a potential purchase of our business; and

      
      

   6. as otherwise required to manage our business.

      
      

      However, in certain cases we may collect personal information about you from publically available sources and third parties. For example, if you apply for a job or position with us, we may collect certain information from you (including your name, contact details, working history and relevant records checks) from a recruitment consultant, your previous employers and others who may be able to provide information to us to assist in

      our decision on whether or not to make you an offer of employment or engage you under a contract.

      
      

      If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

      
      

5. Why do we collect, use and disclose your personal information?

   
   

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

   
   

   1. to operate, protect, improve and optimise our Website, business and our users' experience, such as to perform analytics, conduct research and for advertising and marketing;

      
      

   2. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

      
      

   3. to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;

      
      

   4. to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;

      
      

   5. to comply with our legal and regulatory obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and

      
      

   6. to otherwise manage our business.

      
      

      We may disclose your personal information between our related bodies corporate or to trusted third parties such as our suppliers, organisations that provide us with technical and support services, or our professional advisors, where permitted by the Privacy Act. If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

      
      

6. Direct marketing

   
   

   Like most businesses, we use direct marketing, such as email newsletters, to promote our business from time to time.

   
   

   We may use your personal information to provide you with information and updates (including via email and SMS) about products and services we think may be of interest to you. We will not disclose your personal information to third parties for marketing purposes without your consent.

   
   

   You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).

   
   

7. To whom do we disclose your personal information?

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

   
   

   1. our employees and related bodies corporate;

      
      

   2. third party suppliers and service providers (including providers for the operation of our websites and/or our business, or in connection with providing our products and services to you);

      
      

   3. our professional advisers;

      
      

   4. payment systems operators (eg merchants receiving card payments);

      
      

   5. our existing or potential agents, business partners or partners;

      
      

   6. our sponsors or promoters of any competition that we conduct via our services;

      
      

   7. anyone to whom our assets or businesses (or any part of them) are transferred;

      
      

   8. specific third parties authorised by you to receive information held by us;

      
      

   9. other persons, including government agencies, regulatory bodies and law enforcement agencies, if required or authorised by law; and

      
      

   10. otherwise as authorised by you.

       
       

8. Screen name

   
   

   In order to register for a Member Account, you must provide us with a screen name. All User Content that you provide to us may be publicly credited to your screen name. We recommend you choose a screen name that is unrelated to your real identity.

9. Disclosure of personal information outside Australia

   
   

   As at the date of this Privacy Policy, we are not likely to disclose personal information to overseas recipients.

   
   

   If in future we do propose to disclose personal information overseas, we will do so in compliance with the requirements of the Privacy Act. We will, where practicable, advise you of the countries in which any overseas recipients are likely to be located.

   
   

   From time to time we may engage an overseas recipient to provide services to us, such as cloud-based storage solutions. The use of overseas service providers to store personal information will not always involve a disclosure of personal information to that overseas provider.

   
   

   Our Website is currently hosted in Australia. However, by providing us with your personal information, you consent to the storage of such information on overseas servers and agree that APP 8.1 will not apply to such disclosures. For the avoidance of doubt, in the event that an overseas recipient breaches the Australian Privacy

   Principles, that entity will not be bound by, and you will not be able seek redress under, the Privacy Act.

   
   

10. Using our website and cookies

    
    

    When you visit our Website, we record general information about your visit for statistical purposes.

    
    

    While we do not use browsing information to identify you personally, we may record certain information about your use of our Website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

    
    

    We may also use 'cookies' or other similar tracking technologies on our Website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our Website may not work as intended for you if you do so.

    
    

    We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your Member Account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

    
    

11. Security

    
    

    We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal 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. For example, we encrypt passwords. However, we cannot guarantee the security of your personal information.

    
    

    We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law.

    
    

12. Links

    
    

    Our website 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 you to read them before using those websites.

    
    

13. Do you need to provide us with your personal information?

    
    

    You can deal with us anonymously (without giving us your name and contact details) or by using a pseudonym or nickname in some circumstances, for example:

    1. if you contact us with a general enquiry we will generally not seek identifying information unless we need it to respond to your request; and

       
       

    2. our publically available repository of medical diagnoses and misdiagnoses can be accessed without creating a Member Account or providing your name and contact details.

       
       

14. Accessing or correcting your personal information

    
    

    You can access the personal information we hold about you by contacting us using the form on the Contact page of the Website, or by emailing our Privacy Office using the contact details at the bottom of this Privacy Policy. Sometimes, we may not be able to provide you with access to all of your personal 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.

    
    

    If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected. We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

    
    

    We will respond to all requests for access to or correction of personal information within a reasonable time.

    
    

15. GDPR - additional rights for EU residents

    
    

    If you are a resident of the European Economic Area the additional rights contained in this section also apply to you.

    
    

    We are a data controller of your personal information for the purposes of the General Data Protection Regulation 2016/679 (GDPR). Under certain circumstances, the GDPR grants you certain rights in relation to your personal information. In summary, you have the right to:

    
    

    1. request access to your personal information (known as a data subject access request);

       
       

    2. request rectification of incomplete or inaccurate personal information that we hold about you;

       
       

    3. request erasure of your personal information (we must comply with such a request unless there is a reason for us to continue to hold and process it);

       
       

    4. object to processing of your personal information in certain circumstances, for example, if you feel our processing impacts on your fundamental rights and freedoms;

       
       

    5. request restriction of processing of your personal information;

       
       

    6. request the transfer of your personal information to you or to a third party; and

    7. withdraw your consent if we are relying on consent to process your personal information.

       
       

       To exercise any of the above rights, please contact our Privacy Officer on the details below.

       
       

16. Making a complaint

    
    

    If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact our Privacy Officer:

    
    

    The Privacy Officer

    PO Box 324,

    The Gap

    Brisbane QLD 4061

    Email: office@mymisdiagnosis.com

    
    

    We take all complaints seriously, and will respond to your complaint within a reasonable period.

    
    

    If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

    
    

    Office of the Australian Information Commissioner

    GPO Box 5218

    Sydney NSW 2001

    Telephone: 1300 363 992 Email: enquiries@oaic.gov.au

17. Changes

We reserve the right to change the terms of this Privacy Policy from time to time. An up- to-date copy of our Privacy Policy is available on our Website.

This document was last updated on 18 March 2022.