INTRODUCTION

Mobius Medical Pty Ltd (“Mobius Medical”) (ABN 70 054 967 646) is committed to complying with obligations under the Australian Privacy Act 1988 (Cth) (the ‘Privacy Act’) (including the Australian Privacy Principles set out in the Privacy Act (the ‘APPs’)), respectively, and all other applicable global data privacy laws, including the General Data Protection Regulation (‘GDPR’), the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) (and any provincial substantially similar law as applicable), and the New Zealand Privacy Act 2020.

This Privacy Policy applies to Personal Information that Mobius Medical collects, uses, discloses, transfers, stores and handles, including Personal Information collected through our website(s). The controller of Personal Information we collect is Mobius Medical.

In this policy, ‘Personal Information’ means information or an opinion about an identified individual, or an individual who is reasonably identifiable, directly or indirectly, and any other information that is deemed personal information under applicable law.

For individuals residing in the European Union (‘EU’) or United Kingdom (‘UK’), please refer to “Section for Individuals Located in the EU or the UK” below of this policy which provides additional information in accordance with EU and UK privacy law.

COLLECTION OF PERSONAL INFORMATION

How Personal Information is collected by Mobius Medical

Mobius Medical collects Personal Information so that we can provide our goods and services, and information about those goods and services, to customers, end users and other interested parties.

We collect most Personal Information directly from you. For example, we will collect your Personal Information from you when you:

  • register on our websites or our application;
  • interact with our sites, services, content and advertising;
  • interact with us at a tradeshow or event;
  • submit your resume;
  • request information from Mobius Medical;
  • communicate with us through correspondence, chats, email, over the phone or when you share information with us from other social applications, services or websites; or
  • apply for a credit account with us.

Sometimes we may collect Personal Information about you from other people or organisations. This may happen without your direct involvement. For example, we may collect Personal Information about you from:

  • other Mobius Medical related bodies corporate;
  • other organisations, who jointly with us, provide products or services to you;
  • our customers;
  • any 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; or
  • any third-party social media platform such as LinkedIn in connection with our recruitment and HR processes.

What kinds of Personal Information does Mobius Medical collect and hold?

The kinds of Personal Information we collect will depend on the purpose(s) for which we are collecting it. For example, in each of the instances above, we may collect:

  • your name;
  • e-mail address;
  • phone number;
  • mailing address;
  • demographic information such as age or date of birth;
  • professional or employment-related details (such as work address and job title);
  • position and contact telephone number;
  • payment details, such as your billing address;
  • commercial information about your transactions with us
  • internet or other electronic network activity such as your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from our sites, ad data, IP address and standard web log information;
  • details of the products and 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;
  • credit information, including any late or outstanding payment you owe to us;
  • your activity on our websites, or services;
  • 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 social applications, services, websites or accounts from which you permit us to collect information;
  • information you provide us through customer surveys; and
  • other Personal Information that may be required in order to facilitate your dealings with us.

Personal Information relating to our customers

If you are our customer, we may collect the following types of Personal Information in connection with the provision of our services:

  • your name;
  • contact details (including home address, phone number and email address); and
  • professional career information (CV/Resume).

Personal Information relating to employees, applicants and contractors

In addition, when you apply for a job or position with us or become a contractor or vendor, we may collect certain Personal Information from you (including your name, address, contact details, country of residence, working history, education history, qualifications, employer identification number, tax information, banking information and relevant records checks) as part of the application or onboarding process.

If you are or have previously been employed by us in Australia, this Privacy Policy does not apply to our acts and practices in relation to employee records of our current and former employees in Australia, which are exempt from the Privacy Act.

Personal Information relating to regulatory background checks and compliance obligations

Mobius Medical operates in a heavily regulated industry. We may be required to conduct extensive background checks on our directors, officers and employees in order to comply with applicable laws and regulations. We may also be required to collect Personal Information from our vendors and/or customers in connection with our compliance obligations. We may collect the following types of Personal Information in such circumstances, some of which may be considered sensitive Personal Information in some countries:

  • your name;
  • date and place of birth information;
  • contact information (such as home address, telephone number, mobile number and email address);
  • government related identifiers (such as passport, driver’s license and tax file numbers);
  • employment and education history; and
  • criminal history (may be considered sensitive Personal Information).

Personal Information collected to conduct such regulatory and compliance checks may be collected directly from the relevant individual, or from third parties. Mobius Medical may also use third party services to assist in conducting background checks.

USE AND DISCLOSURE OF INFORMATION

The purposes for which information is collected, used and disclosed

Mobius Medical may use and disclose your Personal Information for the following purposes:

  • to enable you to access and use our websites, applications and services;
  • to manage our relationship with you;
  • to operate, protect, improve and optimise our websites, services, business and our users’ experience, such as to perform analytics, conduct research and training and for advertising and marketing;
  • to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  • subject to possible limitations and qualifications set out in applicable laws, to send you marketing and promotional messages and other information and offers 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;
  • subject to possible limitations and qualifications set out in applicable laws, to administer surveys or other promotional activities or events sponsored or managed by us or our business partners;
  • to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties;
  • to consider your employment application and where applicable, to carry out the employment relationship;
  • to train staff of the relevant customer to use the Mobius Medical systems;
  • to provide software support; and
  • in the event of late payment or bankruptcy, to collect funds due to us.

Direct marketing

We and/or our business partners may send you direct marketing communications, information and offers about services and products that we think may interest you. This may take the form of emails, SMS, mail or other forms of communication. You may opt-out of receiving marketing communications from us by contacting our Privacy Office using the details set out below or by using the opt-out facilities provided in our communications (e.g. an unsubscribe link).

Where required by applicable law, we will only send you email or SMS marketing emails with your consent.

Disclosure of Personal Information

Subject to restrictions and conditions set out in applicable laws, we may disclose Personal Information for the purposes described in this Privacy Policy to:

  • our employees and related bodies corporate;
  • third party suppliers and service providers (including providers for the operation, optimisation or promotion of our websites and/or our business, in connection with your employment application or in connection with providing our products and services to you);
  • professional advisers, dealers and agents;
  • payment systems operators (e.g. merchants receiving card payments);
  • our existing or potential agents, business partners or other partners;
  • our sponsors or promoters of any competition that we conduct via our services;
  • 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;
  • credit reporting bodies and credit providers; and
  • other persons, including government agencies, regulatory bodies, courts, tribunals, law enforcement agencies, arbitrators, mediators or conciliators, as required, authorised or permitted by law, including in connection with disputes or litigation.

Disclosure of Personal Information outside of your jurisdiction

We may disclose your Personal Information outside of your jurisdiction. This includes to:

  • our global service providers including those located in the United States, United Kingdom, Canada, New Zealand
  • relevant regulators based outside of Australia.

Disclosures of Personal Information outside of the country where the Information was collected will be carried out in compliance with applicable laws which may include obtaining consent or requiring compliance with applicable laws through contractual obligations. As a result of these disclosures the Personal Information may be subject to the laws of jurisdictions other than your own country.

SECURITY OF PERSONAL INFORMATION

We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect and secure your Personal Information from misuse, interference and loss, as well as from unauthorised modification, access or disclosure. We use a number of appropriate physical, administrative, personnel and technical measures for such protection of your Personal Information. For example, we may implement data encryption for data at rest and in transit, multi-factor encryption, access restrictions, as well as other controls necessary to secure such data. However, we cannot guarantee the security of your Personal Information.

PRIVACY AND DATA SECURITY ON OUR WEBSITE

At Mobius Medical, privacy and data security are important. Below are the guidelines we use for protecting the Personal Information you provide to us during a visit to our Website or when you use our online support offerings.

Customised Experience

New technologies are emerging that help us deliver customized experiences. When you look at our websites, Mobius Medical may make a record of your visit and log the following internet or other electronic network activity information for statistical or advertising purposes:

  • your server address;
  • your top level domain name (for example .com, .gov, .au, .uk etc);
  • the date, duration and time of your visit to the site;
  • the pages you accessed and documents downloaded;
  • how you navigate through the site and interact with pages;
  • your location information;
  • the previous site you have visited; and
  • the type of browser you are using.

If you do not want us to collect this information, please do not access our websites.

Cookies

We may also use ‘cookies’ or other similar tracking technologies on our websites that help us track your website usage and remember your preferences. A cookie is a small data file that can be used to track internet use. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. More information about cookies can generally be found in the “help” (or similar) section of your computer’s internet browser.

At Mobius Medical, we primarily use cookies to enhance your experience by helping us determine which service and support information is appropriate to your machine. Cookies can be either “persistent” or “session” based. Persistent cookies are stored on your computer, contain an expiration date, and may be used to track your browsing behaviour upon return to the issuing website. Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

When you first access our websites you will be given the choice to enable or disable cookies through our cookie banner. You can revisit your choice at any time by going to the cookie tool bar which you can access on our website by clicking on the wheel symbol at the bottom left of your screen. You can also disable cookies on your web browser. For instructions on how to block or delete cookies please consult your browser’s privacy or help documentation. Disabling cookies may interfere with your use and enjoyment of our websites.

Do-Not-Track Signals and Similar Mechanisms

Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

Secrecy of passwords and account information

You are solely responsible for maintaining the secrecy of your passwords or any account information. Please be careful and responsible whenever you’re online. If you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your Personal Information, Mobius Medical cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

YOUR RIGHTS AND CHOICES

You may be entitled to request that Mobius Medical confirm whether it holds any Personal Information about you and, where applicable, request that Mobius Medical provide you with a copy of your Personal Information. 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 of the Personal Information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Subject to applicable law, you may also have rights to request that we delete Personal Information that Mobius Medical holds about you, to request that we provide such information to you in a portable format, or to request additional information about how we collect or disclose your Personal Information. You may also have the right to withdraw the consent that you previously provided.

If you or an authorized agent wants to exercise any of these rights, please contact us using the information provided in the section on “Contacting Mobius Medical & Local Data Controllers” below. We will not charge you different prices or provide different quality of services unless those differences are related to your information or otherwise permitted by law. Once we receive your request from you, we may verify it through your account or by requesting information sufficient to confirm your identity.

How to make a complaint

If you think we have breached applicable privacy law, or you wish to make a complaint about the way we have handled your Personal Information, you can contact us using the details set out below. You should include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you are unhappy with our response to your complaint, please let us know and we will provide you with information about the further steps you can take. You may also file a complaint with your local data protection authority.

Contacting Mobius Medical & Local Data Controllers

If you have any questions about Mobius Medical’s handling of Personal Information, or if you wish to make an access, deletion, or correction request or complaint, you should contact the Mobius Medical Privacy Officer by one of the following methods:

Contacting Mobius Medical & Local Data Controllers

If you have any questions about Mobius Medical’s handling of Personal Information, or if you wish to make an access, deletion, or correction request or complaint, you should contact the Mobius Medical Privacy Office by one of the following methods:

  • By telephone: +61 2 8317 5460
  • By email: DataPrivacy@mobiusmedical.com.au
  • By post: Privacy Officer, Mobius Medical Pty Ltd, Suite 1403, 275 Alfred Street, North Sydney NSW 2060 Australia

Section for Individuals located in the European Union (‘EU’) and the United Kingdom (‘UK’)

This section is for individuals located in the EU or UK whose Personal Information is collected, used, disclosed, stored and/or otherwise handled by Mobius Medical as described in this Privacy Policy. Accordingly, “Personal Information” in this section means any information relating to an identified or identifiable person (directly or indirectly) located in the EU or UK.

1. Controller and Contact Details

If you are located in the EU or UK, Mobius Medical Pty Ltd (‘Mobius Medical’) is the controller of Personal Information that it collects and processes about you.

Mobius Medical is committed to complying with our obligations under applicable EU and UK privacy laws.

If you have any questions about this section of the Privacy Policy or Mobius Medical’s handling of Personal Information – or if you wish to exercise your Personal Information rights or make a complaint – you may contact us by one of the following methods:

  • By telephone: +61 2 8317 5460
  • By email: DataPrivacy@mobiusmedical.com.au
  • By post: Privacy Officer, Mobius Medical Pty Ltd, Suite 1403, 275 Alfred Street, North Sydney NSW 2060 Australia

2. Personal Information We Collect and Use

In addition to the Personal Information described in the sections above (i.e., “How Personal Information is collected by Mobius Medical” and “What kinds of Personal Information does Mobius Medical collect and hold?”), in some cases we may also collect Personal Information that is classified as “Sensitive Information” under EU or UK privacy laws, including police checks. Where this is the case, we only collect such Sensitive Information in compliance with applicable privacy laws. This Sensitive Information is only accessible by restricted staff within Mobius Medical and is only disclosed to an entity (generally the relevant regulatory or government authority or agency) when we have a legal or regulatory obligation to do so or to third parties with whom we have implemented appropriate contractual protections such as service providers.

3. Purposes and Legal Basis for Collection and Use of Personal Information

To understand the purposes for which we collect and use Personal Information, please refer to the section above titled “The purposes for which information is collected, used and disclosed”. With regards to those purposes, we may collect, use and disclose Personal Information per the following legal basis:

  • to perform our contractual obligations – such as to manage business relationship with our customers and obtain professional, financial, technical, administrative or other advice and services in connection with the operation of Mobius Medical’s business;
  • to comply with applicable EU and/or UK legal obligations;
  • for our legitimate interests – such as to investigate breaches of this Privacy Policy, to protect our rights and property (e.g. in the context of a corporate transaction), to enforce our terms of use and legal notices, and for the establishment, exercise and defence of legal claims;
  • on the basis of your consent – which you may give from time to time (e.g. for the use of certain cookies) with the possibility to withdraw your consent at any time; and
  • for purposes unrelated to those described in this Privacy Policy by first notifying you and, where required, offering you a choice as to whether or not we may use your Personal Information in this different manner.

With regards to direct marketing, please note that we will only use your e-mail address or mobile phone number for advertising purposes if you provide us with your prior consent, which you can withdraw at any time.

4. Privacy of EU and/or UK Job Applicants

If you are a job applicant in the EU or UK and would like to know how we process your Personal If you are a job applicant in the EU or UK and would like to know how we process your Personal Information, please request a copy from the Human Resources Department:

  • By email: DataPrivacy@mobiusmedical.com.au
  • By post: Privacy Officer, Mobius Medical Pty Ltd, Suite 1403, 275 Alfred Street, North Sydney NSW 2060 Australia

5. Parties With Whom We Share Personal Information

The categories of recipients with whom we may share your Personal Information include those described in the sub-section above titled “Disclosure of Your Personal Information”.

6. International Transfers of Personal Information Outside the EU or UK

6.1 International Transfers to Third-Party Service Providers

Mobius Medical engages third parties to provide services and perform business support functions for us, which may at times require access to Personal Information. Where we share your Personal Information with third-party service providers, they will be contractually bound to use the information only for the purposes of providing the services, or performing the functions required by Mobius Medical, and to store the information securely.

Some third parties providing services to Mobius Medical may be located outside of the EU or UK. Where required by law, Mobius Medical will take steps to implement mechanisms (such as appropriate contractual safeguards) to protect your Personal Information. You have the right to receive information about these transfer mechanisms, including (where applicable) a copy of the contractual safeguards.

7. Retention of Personal Information

Mobius Medical takes reasonable steps to destroy or permanently de-identify any Personal Information where:

  • Mobius Medical no longer needs the Personal Information for any purpose for which the Personal Information was collected or for a related purpose; and
  • Mobius Medical is not required by law, a regulator or a court/tribunal order, to retain the Personal Information.

8. Personal Information Rights

Under EU and UK law, individuals have the right to access, rectify, erase, object to and/or restrict processing and the right to portability of Personal Information. Under EU and UK law, individuals also have the right not to be subject to automated individual decision-making. You may, for example, request that Mobius Medical confirm whether it holds any Personal Information about you and, where applicable, request that Mobius Medical provide you with a copy of your Personal Information.

Our response to your request is provided to you on a free-of-charge basis. We will only charge you if your request is manifestly unfounded or excessive.

In certain circumstances and subject to applicable law, there may be grounds to deny your request, such as where:

  • access would have an unreasonable impact on the privacy of others;
  • we are required by a regulator or other law enforcement agency to withhold the information;
  • the information may affect current legal proceedings;
  • the information may affect the health or safety of another individual;
  • we are not able to identify you; or
  • any other restrictions in applicable privacy or data protection laws apply.

If you notify Mobius Medical that your Personal Information is not accurate, complete or up to date, Mobius Medical will take reasonable steps to correct such Personal Information.

9. Security of Personal Information

Mobius Medical takes reasonable steps to help protect and secure your Personal Information. Please refer to the section above titled “Security of Personal Information” for additional details.

10. Cookies

A cookie is a small data file that can be used to track internet use. More information about cookies can generally be found in the “help” (or similar) section of your computer’s internet browser. At Mobius Medical, we primarily use cookies to help us understand how you may interact with our services, determine which service and support information is appropriate to your machine, and which products and services may be of most interest to you.

Cookies can be either “persistent” or “session” based. Persistent cookies are stored on your computer, contain an expiration date, and may be used to track your browsing behaviour upon return to the issuing website. Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

When you first access our websites you will be given the choice to enable or disable cookies through our cookie banner. You can revisit your choice at any time by going to the cookie tool bar, which you can access on our website by clicking on the wheel symbol at the bottom left of your screen. You can also disable cookies on your web browser. For instructions on how to block or delete cookies please consult your browser’s privacy or help documentation. Disabling cookies may interfere with your use and enjoyment of our websites.

10. Complaints to Us or to a Regulator

You have the right to make a complaint to the supervisory authority for data protection in your EU country or in the UK.

General

This policy was issued in June 2022.

Mobius Medical may make changes to this Privacy Policy from time to time by publishing changes to it on our websites. We encourage you to check our websites periodically to ensure that you are aware of our current Privacy Policy.

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