1.1. Wallace Medical Systems Pty Ltd ACN 658 279 399 and its subsidiaries (we, us or our) provides non-invasive technology enabling rapid and accurate testing for COVID-19 in professional and home environments ( Rapid Antigen Pens ). We also offer support to customers by providing app-based software containing easy-to-use instructions and video guides on how to use our Rapid Antigen Pens ( Biolink Companion ). The Biolink Companion application is available from:
a) Google Play – Biolink App for Android (app bundle com.biolink.app); and
b) iOS App Store – Biolink App for iOS.
1.2. This Privacy Policy (Policy) is intended to clearly describe how we handle information about or an opinion about identified individuals or individuals who are reasonably identifiable ( Personal Information ).
1.3. We have adopted this Policy to ensure that we have standards in place to protect the Personal Information that we collect about individuals that is necessary and incidental to:
(a) providing the system and services that Biolink Companion offers;
(b) the operation of our app; and
(c) the normal day-to-day operations of our business.
1.4. We ensure that we comply with all applicable privacy and data protection legislation in each jurisdiction within which we collect data. This includes, but is not limited to:
(a) the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) ( Australian Privacy Act );
(b) the New Zealand Privacy Principles set by the New Zealand Government for the handling of Personal Information under the Privacy Act 2020 (NZ) ( New Zealand Privacy Act );
2.1. All Personal Information collected by us is for our own records. We do not provide Personal Information to any other third-party organisation.
2.2. This Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy.
3.1. By providing Personal Information to us, you consent to us collecting, using and disclosing your Personal Information as described in this Policy.
3.2. If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person's consent to provide such information for the purpose specified.
4.1. In the course of business it may be necessary for us to collect Personal Information.
4.2. The Biolink Companion may request the following access and data. Such access is requested by, and data obtained from, such access is handled by, the Biolink Companion, however we never receive the data handled by the Biolink Companion and all data remains solely on the device that the Biolink Companion is installed on:
a) Camera PermissionsWe may need to access your device camera to utilise the Biolink Companion App function to take pictures of, and store Rapid Antigen Pen test results. Ancillary to this access, Biolink Companion App may also require access to record audio from your device whilst the device camera is being used by the app. No photos are uploaded to the internet or shared with ourselves or any third parties.
b) Device storage read and write permissions
The app will require access and permissions to read and write from your device's local storage for you to provide photos of any test results you have already taken, and to store any Rapid Antigen Pen test results (when captured on the Biolink Companion App) on your device. This usually means permissions related to accessing files on Android devices, or camera roll access permissions on iOS devices. No files or images accessed by the app are uploaded to the internet or shared with ourselves or any third parties.
4.3. Without limitation, we may request access to, and collect the following information in relation to, your usage of the Biolink Companion or in our dealings with you (for example, if you contact our support desk):
a) Statistical Information. When you use Biolink Companion we may make a record and log some or all of the following information for statistical or maintenance purposes:
(i) duration of use; (ii) data level and bandwidth used; (iii) data level uploaded and downloaded; and (iv) the type of video software used.
b) Information an individual sends us. We may collect any personal correspondence that an individual sends us, for instance, if you contact us by email or access our support desk.
4.4. We may collect other Personal Information about an individual, which we will maintain in accordance with this Policy.
4.5. We do not collect "sensitive information" as it is defined in the Privacy Legislation ( Sensitive Information ) (such as information regarding your health or health treatment).
4.6. We may also collect information regarding an individual's location at the time of access including through the use of Application Programming Interfaces (APIs) or by reference to your IP address.
4.7. The Biolink Companion was created specifically for the COVID-19 response. Therefore, the Biolink Companion may only access Personal Information that is required:
a) to support the public health emergency;
b) to support the COVID-19 related efforts; or
c) for epidemiological research.
5.1. Most information will be collected in association with an individual's use of Biolink Companion, an enquiry about Biolink Companion, the use of our website or generally dealing with us. However we may also receive Personal Information from sources such as staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:
a) Files Storage. When an individual supplies us with permissions to either access their existing photo storage on their device, or allows us to store images taken on the Biolink Companion platform onto the device, which allows the Biolink Companion to read and write onto the local disk of your device;
b) Device Camera. When an individual provides permission through the app to access the device's camera;
c) Contact. When an individual contacts us in any way; and/or
d) Access. When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser's setting to accept or reject cookies), APIs or analytical services. In this respect please refer to our Cookie Policy set out below.
5.2. As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.
5.3. Where we obtain Personal Information without an individual's knowledge (such as by accidental acquisition from a client) we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles.
6.1. In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected and with the individual's permission. The purpose of collection is directly related to our services, in compliance with all applicable laws.
6.2. We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law.
6.3. We may disclose Personal Information to affiliated companies, government agencies and other third parties in accordance with this policy and the Australian Privacy Principles.
6.4. We will not disclose or sell an individual's Personal Information to unrelated third parties under any circumstances.
6.5. Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
a) the provision of access to Biolink Companion;
b) verifying an individual's identity;
c)communicating with an individual about:
(i) their relationship with us;
(ii) our own marketing and promotions to customers and prospects;
(iii) surveys and questionnaires;
d) investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
e) as required or permitted by any law (including the Privacy Legislation).
6.6. There are some circumstances in which we must disclose an individual's information:
a) where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; and
b) as required by any law (including the Privacy Legislation).
7.1. We may share your personal data collected outside of Australia with our staff in Australia for the purposes set out in this policy. Your personal data, therefore, may therefore be subject to privacy laws that are different from those in your country of residence.
7.2. We may enter into arrangements with other related entities outside of Australia to store, access or use Personal Information which we collect or have access to.
##8. CHOOSING TO BE CONTACTED
8.1. An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
a) Opt In: where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
b) Opt Out: where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
8.2. If you believe that you have received information from us that you did not opt in to receive or that you opted not to receive, you should contact us using the details below.
9.1. We may appoint a Privacy Officer to oversee the management of this Policy and compliance with the Privacy Legislation. This officer may have other duties within our business and also be assisted by internal and external professionals and advisors.
9.2. We will not disclose an individual's Personal Information to any entity outside of the jurisdiction in which it is collected, unless the recipient is in a jurisdiction that does not have a similar regime to the relevant Privacy Legislation or has implemented and enforceable privacy policy similar to this Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of the jurisdiction in which it is collected will not be made until that entity has agreed in writing with us to safeguard Personal Information as we do. Furthermore any such disclosure will only be made in compliance with the relevant Privacy Legislation.
9.3. We will take all reasonable precautions to protect an individual's Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
9.4. We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual's Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual's information by such third parties may be subject to separate privacy and security policies.
9.5. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
9.6. We are not liable for any loss, damage or claim arising out of another person's use of the Personal Information where we were authorised to provide that person with the Personal Information.
10.1. Subject to the Privacy Legislation, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within 28 days of receiving their written request.
10.2. If an individual cannot update their own information, we will correct any errors in the Personal Information we hold about an individual within 7 days of receiving written notice from them about those errors.
10.3. It is an individual's responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.
10.4. We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them.
11.1. If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:
a) if there is an unresolved issue relating to your account, such as an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
b) where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or
c) where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
11.2. Please note that if you request that we delete or anonymise your personal data, you may not be able to access Biolink Companion until such time as that personal data is provided to us again or the anonymisation has been reversed.
12.1. If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details found on 15.1.
12.2. If we have a dispute regarding an individual's Personal Information, we both must first attempt to resolve the issue directly between us.
12.3. If we become aware of any unauthorised access to an individual's Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
13.1. From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual's interaction with us, they may not opt out of receiving these communications.
14.1. Cookies and other tracking technologies are comprised of small bits of data or code that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser (on your computer or mobile device) when you first request a web page and then store the data on your computer so that such websites, apps and other services can access information when you make subsequent requests for pages from that service. They are widely used in order to make websites work, or work in a better, more efficient way. For example, they can recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).
14.2. The Biolink Companion platform does not currently make use of cookies. We will update this policy in the event that any future release of the Biolink Companion does use cookies.
14.3. Websites maintained by us may from time to time use cookies.
14.4. We may use cookies to assist in providing the best possible service to you. Some cookies are used in order to collect system, analytical and diagnostic information required to assist us monitor and improve the performance of our products.
14.5. You should be aware that any preferences will be lost if you delete cookies and many websites will not work properly.
14.6. Most browsers accept cookies automatically, but you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. Generally, you have the option to see what cookies you've got and delete them individually, block third party cookies or cookies from particular sites, accept all cookies, to be notified when a cookie is issued or reject all cookies. Visit the 'settings', 'options' or 'preferences' menu on your browser to change settings.
15.1. All queries with regards to privacy from Australian and New Zealander customers should be directed to:
enquiries@biolink.net.au
16.1. We may, from time to time, amend this Policy, in whole or part, at our sole discretion.
16.2. If we decide to change this Policy, we will post the changes on our app and notify all users to such changes. You can review the Privacy Policy and any amendments at https://biolink.net.au/policies/privacy-policy.
16.3. We may do things in addition to what is stated in this Policy to comply with the Privacy Legislation, and nothing in this Policy shall deem us to have not complied with the Privacy Legislation.