Your privacy & security matters

Agile 8 Pty Ltd, also trading as agili8, ABN 68 626 656 657 (we, us or our), understands that protecting your personal information is important. 

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our software as a service, hardware, clinical trials and related services (together, Services) or when otherwise interacting with you. 

The information we collect:

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Sensitive information: is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. Unless otherwise permitted by law, we will not collect sensitive information about you without first obtaining your consent. The types of personal information we may collect about you include:

As a participant in a pilot or clinical trial: 

– your name; 

– your age and ethnicity;

– your contact details, including your email address and/or telephone number; 

– your preferences and/or opinions;

– information you provide to us, including through feedback, customer surveys or otherwise; and

– your contact details and sensitive information (where a client, such as a hospital, shares your information with us) as follows:

- where you participate in a clinical trial: your medical history and drug allergies;

- where a customer of ours uses our hardware and Services when treating you: details and recordings of any operations or medical procedures you participate in, your medical history, your x-rays or CT scans.

As an employee of our clients: 

– your name; 

– your contact details, including your work email address and/or telephone number; 

– your preferences and/or opinions; 

– information you provide to us, including through feedback, customer surveys or otherwise; and

– the organization your work for.

When you visit our website:

– your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;

– information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;

– additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and

– any other personal information requested by us and/or provided by you or a third party.

How we collect personal information

We collect personal information in a variety of ways, including:

– Directly: We collect personal information which you directly provide to us, including when you check in at our office, when you register for an account, when you participate in a clinical trial, through the ‘contact us’ form on our website or when you request our assistance via email, or over the telephone.

– Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.

– From third parties: We collect personal information from third parties, such as from any organization organizing a clinical trial which you are participating in, details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.

Why we collect, hold, use and disclose personal information

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

– to enable you to access and use our Services, including to provide you with a login; 

– to enable you to access and use our associated applications;

– to contact and communicate with you about our Services, including in response to any support requests you lodge with us or other enquiries you make with us;

– for internal record keeping, administrative, invoicing and billing purposes;

– for analytics, market research and business development, including to operate and improve our Services, associated applications;

– for advertising and marketing, including to send you promotional information about our products and services and other information that we consider may be of interest to you;

– to comply with our legal obligations and resolve any disputes that we may have; 

– if you have applied for employment with us; to consider your employment application; and

– if otherwise required or authorized by law.

Sensitive information: We only collect, hold, use and disclose sensitive information for the following purposes:

– any purposes you consent to;

– the primary purpose for which it is collected, which may be to allow you to participate in a clinical trial, for digital healthcare monitoring post-surgery care at home or in remote clinics, to track and alert patients to take their medication, see their GP or see a specialist; for research and machine learning to improve prevention, triage, diagnosis and treatment (such personal data will be de-identified prior to such use);

– secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to provide our Services to you; 

– to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and

– if otherwise required or authorized by law. 

Our disclosures of personal information to third parties. We may disclose personal information to:

– third party service providers for the purpose of enabling them to provide their services, to us, including (without limitation) IT service providers, data storage, web-hosting and server providers, email marketing providers, debt collectors, couriers, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;

– our employees, contractors and/or related entities;

– our existing or potential agents or business partners;

– anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;

– courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

– courts, tribunals, regulatory authorities and law enforcement officers, as required or authorized by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; 

– third parties to collect and process data, such as YouTube Analytics, Facebook Analytics and Google Analytics (To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Facebook Pixel or other relevant analytics businesses; and

– any other third parties as required or permitted by law, such as where we receive a subpoena.

Google Analytics: We have enabled Google Analytics advertising features including remarketing, advertising, reporting, demographics, store visits, Google Display Network Impression reporting etc. We and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together. 

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. 

To opt-out of personalized ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. 

To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device. 

Overseas disclosure

While we store personal information in Australia, where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia, including but not limited to, USA, EU, Asia Pacific and where our solutions are being deployed overseas.

Unless we seek and receive your consent to an overseas disclosure of your personal information, we will only disclose your personal information to Australian regulators and statutory authorities and countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles and/or we will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal information in accordance with the Australian Privacy Principles.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us. 

Anonymity: Where practicable, we will give you the option of not identifying yourself or using a pseudonym in your dealings with us. 

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the email communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you also have the right to contact the Office of the Australian Information Commissioner.

Storage and security: We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorized access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. 

Cookies: We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognize you when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Links to other websites: Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact us at:  Agile 8 Pty Ltd, also trading as agili8 (ABN 68 626 656 657)  Email: info@agili8.com Last update: 15 February 2022   

© Agile 8 Pty Ltd 

1.0 About our website

1.1 Welcome to https://www.agili8.ai  (the 'Website'). This Website provides information and Subscription as a Service to various modules that you or your organization has subscribed according to a separate Subscription as a Service (SaaS) Agreement (the 'Services').

1.2 The Website is the intellectual property owned by Agile 8 Pty Ltd, also trading as agili8. (ACN 626 656 657) (we, us or our). Access to and use of the Website, or any of its associated Products or Services, is provided by Agile 8. Please read these terms and conditions of use (the 'Terms') carefully. By using, browsing and/or reading the Website, you acknowledge that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must notify us and cease usage of the Website, or any of Services, immediately.

1.3 Agile 8 reserves the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website and/or by clicking to accept or agree to the Terms where this option is made available to you.

3. Subscription to use the Services

3.1 In order to access our Services, you or your organization must first execute a SaaS agreement through our authorised representatives ('Subscription') and pay the applicable fee for the selected Subscription Service(s)  ('Subscription Fee') for the minimum term agreed.

3.2 In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

3.3 Once you have purchased the Subscription, you will then be provided with access to your own organization account through the Website to access the Services ('Account').

3.4 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself for user authentication purposes, including

· Email address

· Preferred username

· Telephone number

· Password

· Company, Industry & Occupation

3.5 You warrant that any information you provided to us are accurate, correct and up to date. You must notify us immediately when your employees leave so that we can re-allocate or de-activate their access.

3.6 Once you have signed up, you will be a registered Subscriber of the Website ('Subscriber') and agree to be bound by the Terms. As a Subscriber, you will be granted immediate access to the Services from the time you have been approved until the subscription term expires ('Subscription Period').

3.7 You may not use the Services and may not accept the Terms if:

· you are not of legal age to form a binding contract with us; or

· you are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.

4. Your obligations

4.1 As a Subscriber, you agree to comply with the following:

· you will use the Services only for purposes that are permitted by the Terms herein, in accordance to your employer or organization’s policies and procedures and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

· You are responsible for protecting the confidentiality of your password and login details. Use of your password by any other unauthorized person may result in the immediate cancellation of the Services;

· Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorized use of your password or email address or any breach of security of which you have become aware;

· Access and use of the Website is limited, non-transferable and allows for the proper use of the Website by you for the purposes of us providing the Services;

· You will not use the Services or the Website in connection with any other commercial endeavors except those that are specifically endorsed or approved by the management of Agile 8;

· You will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to our Website without explicit approval;

· You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from our Website without notice and may result in termination of the Services. 

· Appropriate legal action will be taken by Agile 8 for any illegal or unauthorized use of the Website; and

· You acknowledge and agree that any unauthorized use of the Website or its Services is prohibited.

5. Payment

5.1 Where the option is given to you, you may make payment of the Subscription Fee by way of:

· Direct Debit

· Electronic funds transfer

· Credit Card Payment

· PayPal

· GoCardless

5.2 All payments made in the course of your use of the Services are made using your nominated payment in our SaaS agreement. You warrant that you have read, understood and agree to be bound by your nominated payment method’s terms and conditions which are available on their respective websites.

5.3 You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

5.4 You agree and acknowledge that we can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

6. Refund Policy

We will only provide you with a refund of the Subscription Fee in the event we are unable to continue to provide the Services. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').

7. Copyright and Intellectual Property

7.1 The Website, the Services and all of the related products of Agile 8 are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Agile 8 or its contributors.

7.2 All trademarks, service marks and trade names are owned, registered and/or licensed by us, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Subscriber to:

· use the Website pursuant to these Terms;

· copy and sharfe the Website and the material contained in the Website and

· print pages from the Website for your own personal and non-commercial use.

Agile 8 does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by us.

7.3 Agile 8 retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any of our intellectual property to you including but not limited to:

· business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

· a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

· a concept, thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

7.4 You may not, without the prior written permission of Agile 8 and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

8.1 Agile 8 takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to our Privacy Policy, which is available on our Website.

9. General Disclaimer

9.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2 Subject to this clause, and to the extent permitted by law:

· all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

· We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Agile 8 and its related parties make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Agile 8) referred to on the Website, including but not restricted to any loss or damage you might suffer as a result of any of the following:

· failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;

· the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

· costs incurred as a result of you using the Website, the Services or any of the products of Agile 8; and

· the Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

10.1 Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost of resupply of the Services to you.

10.2 You expressly understand and agree that Agile 8, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11. Termination of Contract

11.2 The Terms will continue to apply until terminated by either you or us as set out below.

11.2 If you want to terminate the Terms, you may do so by providing us with 90 days of written notice of your intention to terminate. Your notice must be sent, in writing, to us via our authorized staff/representative or via the 'Contact Us' page on the Website.

11.3 We may at any time, terminate the Terms with you if:

· you have breached any provision of the Terms or intend to breach any provision;

· we are required to do so by law;

· the provision of the Services to you is, in the opinion of Agile 8, no longer commercially viable.

11.3 Subject to local applicable laws, we reserve the right to discontinue or cancel your Subscription at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.

12. Indemnity

12.1 You agree to indemnify Agile 8, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

· all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

· any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

· any breach of the Terms.

13. Dispute Resolution

13. 1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

· Within 14 business days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

· If for any reason whatsoever, 14 business days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

· The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

· The mediation will be held in Perth, Western Australia, Australia.

13.4. Confidentiality

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence

13.5. Termination of Mediation:

If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Services offered by us is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia.

15. Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

For any questions or notices, please contact us at:  Agile 8 Pty Ltd, also trading as agili8 (ABN 68 626 656 657)  Email: info@agili8.ai Last update: 15 February 2022   © Agile 8 Pty Ltd