Expression of Interest

Definitions

1. "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State fair trading legislation;
2. "canary" means - ABN 69 648 193 757.
3. "Delivery Area" means a location within Australia.
4. "Intellectual Property Rights" means all intellectual property rights (whether created before, on or after the date of these Terms and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them.
5. "Pharmacy Partners" means registered pharmacies that partner with canary to dispense and supply medications to patients.
6. "Prescription Exchange Services" means the Australian Prescription Exchange Service (including eRx), the Australian Digital Health Agency systems (including the National Prescription Delivery Service and My Health Record), the Active Script List Registry, and any applicable state or federal real-time prescription monitoring systems.

Background

1. (a) canary is an ecommerce platform for prescription medication.
2. (b) We bring together patients (or their representatives), (you, the Customer) who would like to purchase medication, with community pharmacies, which sell medication.
3. (c) Orders placed with canary are dispensed and supplied by registered community pharmacies based throughout Australia.
4. (d) We facilitate the collection of orders and payments on behalf of our Pharmacy Partners, and organise delivery of orders (Services). canary does not dispense or supply medications directly.

1. Acceptance

1. (a) Our website (Site) is operated by - ABN 69 648 193 757 (we, our or us).
2. (b) By accessing and/or using the Site or our Services you warrant to us:
   1. that you have reviewed these terms of use, and our Privacy Policy (available on the Site);
   2. that you have the legal capacity to enter into a legally binding agreement with us;
   3. if you are ordering products on behalf of another person, that you have valid authority and consent to order, collect or receive products on behalf of that person;
   4. if you are ordering products on behalf of another person, that valid authority and consent to disclose their information to us in accordance with our Privacy Policy and communicate with us about their medications;
   5. that any information that you provide to us under this Agreement is accurate, correct, up-to-date and no information that would be relevant for us to deliver the products, or for a pharmacist to dispense any medicines, has been withheld from us; and
   6. agree to use the Site in accordance with the terms of use set out herein (the Terms).
3. (c) We and our personnel are not medical practitioners or health professionals, and do not give medical advice, diagnosis or treatment. You acknowledge and agree that nothing in the Services we provide or on the Site may be taken to be medical advice, diagnosis or treatment by us or our representatives, nor are they intended to be a substitute for consulting a qualified medical practitioner. If you have any health or medical issues or concerns you agree to speak with a qualified medical professional prior to using the Site and receiving services from us.
4. (d) You accept these Terms by placing an order for products via the Site or by creating an account on the Site, whichever occurs first.
5. (e) You must not place an order for products unless you are at least 16 years old.

2. Prescriptions

1. (a) Where products are prescription-only medicines under Australian law, you must hold a valid Australian prescription issued by a registered prescriber. By placing an order for prescription-only medicines, you authorise us and our Pharmacy Partners to access, dispense, and lodge prescription records via the Prescription Exchange Services on your behalf and on behalf of any person for whom you are lawfully authorised to act.
2. (b) Our Pharmacy Partners are independent registered pharmacies. The dispensing pharmacist is responsible for the clinical decision to dispense and may, on professional, clinical, or legal grounds, decline to dispense a prescription, request additional information, or refer you to a prescriber. Where a Pharmacy Partner declines to dispense, we will refund any payment made for the affected item in accordance with clause 7.
3. (c) You must not submit forged, altered, expired, duplicate, or otherwise invalid prescriptions. You acknowledge that submission of a prescription is a representation by you that the prescription is genuine, current, and that you (or the person on whose behalf you are ordering) are the lawful holder of that prescription.
4. (d) We retain audit logs of prescription, dispensing, authentication, and related events for the periods required by Australian federal and state law (which may require retention indefinitely or for periods substantially longer than your use of the Site). Further detail is set out in our Privacy Policy.
5. (e) The Site is not a substitute for emergency care. If you require urgent medical assistance, call 000 or attend your nearest emergency department.

3. Your account and account security

1. (a) To place orders you may need to create an account. You must provide accurate, current, and complete information during registration, and keep that information up to date.
2. (b) You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised access to or use of your account.
3. (c) You must not share your account with any other person, or allow any other person to access or use your account, except where you are acting on behalf of another person in accordance with clause 1(b).
4. (d) We may suspend, restrict, or terminate your account at our reasonable discretion, including where we suspect fraud, unauthorised use, breach of these Terms, or where we are required to do so by law or by a Prescription Exchange Service. Where we do so, we will notify you using your registered contact details, except where notification would compromise an investigation or be unlawful.

4. Orders

1. (a) You may order products as set out on our Site. When you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
2. (b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of our services to you in accordance with these Terms.
3. (c) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Services you order (for example for an event beyond our reasonable control) or if our Pharmacy Partner is unable to fulfil or supply the order due to stock unavailability, inability to prepare the product for professional reasons, or other reasonable grounds. We will contact you using the details you provided when you placed your order.
4. (d) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order.
5. (e) When you order and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the billing address, a description of what was ordered and the delivery address.

5. Price and payments

1. (a) You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). The Price displayed on our Site includes both the cost of medication and the cost of packaging the medications for delivery, to comply with legal regulations and in accordance with good industry practice. We display delivery cost(s) separately from the product price. The Price for products may change from time to time at our discretion, but no change will affect orders that we have already accepted, except where the order is varied at your request.
2. (b) You must pay the Price upfront using one of the methods set out on the Site.
3. (c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment and that your payment will be honoured by your card issuer.
4. (d) We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms of use.
5. (e) You appoint canary as your limited payment collection agency solely for the purpose of accepting payment from you for orders of Products through the Site.

6. Delivery, Title and Risk

1. (a) Please refer to the delivery information on the Site to ensure you are in a Delivery Area. If you are not in a Delivery Area please contact us to discuss delivery options. We do not deliver outside of Australia.
2. (b) Delivery costs are set out on the Site and are to be paid in accordance with the delivery option selected.
3. (c) Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company and may be subject to delivery delays outside of our control. We will not be liable for any such delays that occur or any loss or damage suffered by you due to a failure by canary to meet the estimated delivery time.
4. (d) If you need to change the delivery address, please notify us immediately in writing.
5. (e) We may deliver the products using a range of delivery methods and third party delivery providers, such as Australia Post and courier services. You may need to sign for some deliveries. If neither you nor your authorised representative are at the delivery address to accept delivery, the third party delivery provider will generally deliver the products to a post office, or will return the delivery to the dispensing pharmacy. You agree that canary will not be liable for the act or omission of any third party delivery provider that delivers the product(s) to you.
6. (f) Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
7. (g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

7. Returns and refunds

1. (a) We do not accept returns of prescription medicines for change of mind. For health, safety, and regulatory reasons, prescription medicines that have left the dispensing pharmacy cannot be returned to inventory. You may have additional rights under the Australian Consumer Law (see below).
2. (b) Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us in the first instance. Where your claim is a valid claim under the Australian Consumer Law, we will refund those return delivery costs together with the relevant remedy.
3. (c) Where you have a valid claim under the Australian Consumer Law:
   1. for a major failure, you may choose between a replacement of the relevant product or a refund of the Price;
   2. for a failure that does not amount to a major failure, we may choose between repair, replacement, or refund of the relevant product.
4. (d) Where a refund is payable, we will issue the refund to the original payment method used to place the order, and we will use reasonable endeavours to do so within ten (10) business days of accepting the claim. If a refund cannot be processed to the original payment method (for example because the card has expired), we will arrange an alternative method with you.
5. (e) For any returns or refund queries, please contact us.

8. Permitted use of the Site

1. (a) You must not use the Site:
   1. for any unlawful purpose, or in breach of any law (including any drugs and poisons legislation, real-time prescription monitoring requirements, the Privacy Act 1988 (Cth), or the Spam Act 2003 (Cth));
   2. to obtain medicines for any person other than yourself or a person for whom you are lawfully authorised to act;
   3. to submit false, misleading, or fraudulent information, including forged, altered, or invalid prescriptions;
   4. to harass, abuse, threaten, defame, or impersonate any person, including our personnel and our Pharmacy Partners;
   5. to introduce or transmit any virus, malware, or other malicious code;
   6. to attempt to gain unauthorised access to the Site, our systems, or the accounts of other users;
   7. to scrape, harvest, copy, or extract data or content from the Site by any automated means without our prior written consent; or
   8. to resell, redistribute, or commercially exploit the Site or any content on the Site without our prior written consent.
2. (b) We may suspend or terminate your access to the Site at our reasonable discretion where we suspect a breach of this clause, without limiting any other remedies available to us.

9. Intellectual property

1. (a) Ownership. All Intellectual Property Rights in the Site, the Services, our content, software, layout, designs, copy, images, logos, indicia, text, branding, and the unique method of showcasing products are owned by canary or our licensors. All Intellectual Property Rights developed, adapted, modified, or created by us or our personnel (including in connection with these Terms or the Services) will at all times vest, or remain vested, in us. Trade marks displayed on the Site that are owned by third parties are used with permission and remain the property of those third parties.
2. (b) No assignment on purchase. The Customer's purchase of a Product does not confer on the Customer any assignment of any Intellectual Property Rights that subsist in any of the Products or any other materials supplied by canary, and the Customer agrees that it will not assert any rights in, or challenge canary's title to, those Intellectual Property Rights.
3. (c) Third-party IP disclaimer. canary makes no representation or warranty to the Customer of any kind, express or implied, that the Products will not infringe any intellectual property rights of a third party.
4. (d) Licence to Customer. canary grants the Customer a personal, non-exclusive, non-transferable, revocable licence to use the Intellectual Property Rights subsisting in any Products or other materials supplied by canary (including user guides, instruction manuals, and other documents) solely for the purposes contemplated by these Terms. The Customer may not assign, transfer, or sub-licence any of the rights granted under this clause without canary's prior written consent (which may be withheld in canary's absolute discretion or granted on such terms as it considers fit).
5. (e) Customer prohibitions. Without limiting clause 8, the Customer must not, without our prior written consent:
   1. republish, transfer, copy, reproduce, or post on the internet any of canary's materials;
   2. use the domain name or any of the trade marks, logos, or other material in which Intellectual Property Rights subsist in advertising or publicity pertaining to the distribution of those materials;
   3. modify or copy the layout or appearance of the Site, or any computer software or code contained in the Site; or
   4. decompile, disassemble, reverse engineer, or otherwise attempt to discover or access any source code related to the Site.
6. (f) Feedback licence. If you correspond or otherwise communicate with canary, you grant to canary an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display, and distribute the content of your correspondence and to prepare derivative works of, or incorporate that content into, other works for the purpose of operating, improving, or promoting the Site and the Services. This may include, without limitation, publishing testimonials on the Site and developing your ideas and suggestions for improved products or services.
7. (g) Remedies. In addition to any other remedies available to canary under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure, or transfer of canary's Intellectual Property Rights will entitle canary to any available statutory or equitable remedy.

10. Site availability and limitations

1. (a) Site availability. We use reasonable efforts to keep the Site available, but we do not warrant or guarantee that the Site will be available at all times, free from errors or defects, or that information on the Site is up-to-date or complete. We may suspend, withdraw, restrict, or modify access to the Site at any time without notice, including for maintenance, security, or where required by law or by a Prescription Exchange Service.
2. (b) Despite anything to the contrary, to the maximum extent permitted by law:
   1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim;
   2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; and
   3. we will not be liable to you for any adverse outcomes or health impacts that arise due to the use of any products ordered through the Site or as a result of providing our ordering and delivery services to you,
   whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
3. (c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
   1. loss of, or damage to, the products, or any injury or loss to any person, including allergic reactions or adverse effects from consuming the products;
   2. failure or delay in providing the products; or
   3. breach of the Terms or any law,
   where caused or contributed to by any:
   1. event or circumstance beyond our reasonable control (including failure of any Prescription Exchange Service, third-party hosting, payment, or telecommunications provider on which the Site depends); or
   2. act or omission of you or your related parties,
   and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
4. (d) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

11. Indemnity

1. (a) You will at all times indemnify, and agree to keep indemnified, canary and its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by canary arising from any claim, demand, suit, action or proceeding by any person against you or against canary where such loss or liability arose out of, in connection with or in respect of your conduct, or breach of these Terms (including a breach of clauses 2, 3, or 8), including any costs of enforcement.

12. Privacy and data

1. (a) We collect personal information about you in order to enable you to access and use the Site, provide you with our Services, to contact and communicate with you, to allow you to create an account with us, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.
2. (b) canary's computer server may record details about any computer which is used to access the Site (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
3. (c) We may disclose that information to third party service providers and subcontractors who help us deliver our services (including our Pharmacy Partners, delivery partners, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, and payment systems operators) or as required by law (including to the Australian Department of Health, Services Australia, the Australian Digital Health Agency, state authorities operating real-time prescription monitoring systems, and Prescription Exchange Services). If you do not provide this information we may not be able to provide our Services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
4. (d) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
5. (e) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
6. (f) From time to time canary may conduct studies, surveys and general research (surveys). canary may record the data contributed through these surveys in line with our Privacy Policy and any data retention obligations.
7. (g) Cookies, analytics, and regulatory retention. Our use of cookies, analytics, and tracking technologies, our retention of prescription audit logs and related records as required by Australian federal and state law, and the categories of overseas service providers we engage are described in our Privacy Policy.
8. (h) Marketing communications. Where we send you direct marketing communications, we will do so in accordance with the Spam Act 2003 (Cth) and our Privacy Policy. You may unsubscribe from marketing communications at any time using the unsubscribe link in the relevant message or by contacting us.

13. General

1. (a) Disputes. Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
2. (b) Notices. Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
3. (c) Feedback and complaints. We are always looking to improve our services. If you have any feedback or a complaint, please notify us using our contact details below and we will take reasonable steps to address any concerns you have. You may also contact:
   1. the Office of the Australian Information Commissioner (OAIC) for privacy-related complaints (www.oaic.gov.au);
   2. the relevant State or Territory health complaints body for clinical or pharmacy service complaints (for example the NSW Health Care Complaints Commission, the Victorian Health Complaints Commissioner, or your local equivalent);
   3. the Australian Health Practitioner Regulation Agency (AHPRA) for complaints about a registered pharmacist or other registered practitioner (www.ahpra.gov.au); and
   4. the Therapeutic Goods Administration (TGA) to report adverse events or product quality issues with a therapeutic good (www.tga.gov.au).
4. (d) Assignment. You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
5. (e) Entire agreement. The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
6. (f) Amendment. We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. We will use reasonable endeavours to give notice of material changes by an appropriate means (such as email to your registered address or a prominent notice on the Site). Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms of use that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
7. (g) Waiver. If canary does not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any right or provision under these Terms will only be effective if it is in writing and signed by canary.
8. (h) Force majeure. If the performance of canary's obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment, failure of any Prescription Exchange Service, third-party hosting, payment, or telecommunications provider, or any other cause beyond the reasonable control of canary, canary will not be liable for any loss or damage suffered by you or any other person and canary will endeavour to give you written notice if the force majeure event has continued unabated for thirty (30) days.
9. (i) Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
10. (j) Governing law. These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
11. (k) Third party sites. The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

For any questions and notices, please contact us.

We understand that protecting your personal information is important. canary is committed to protecting the privacy of personal information in accordance with its obligations under the Privacy Act 1988 (Cth) (Privacy Act) and in particular, the Australian Privacy Principles (APPs). 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 Services to you. In this Privacy Policy we, us or our means - ABN 69 648 193 757.

In this Privacy Policy, Healthcare Provider means a clinic, medical practitioner, telehealth service, pharmacy, or other healthcare service provider through which you may be accessing our Services. Where you access our Services through a Healthcare Provider, our handling of your information may also be subject to the practices and instructions of that Healthcare Provider, in addition to this Privacy Policy.

Types of information

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.

The information we collect

Personal information: The types of personal information we may collect about you include:

• your name;
• images of you;
• your contact details, including email address, mailing address, street address and/or telephone number;
• your age and/or date of birth;
• your gender;
• your credit card or payment details (through our third party payment processor);
• your preferences and/or opinions;
• information you provide to us through customer surveys;
• your sensitive information as set out below;
• details of products and services we have provided to you and/or that you have enquired about, and our response to you;
• 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.

Sensitive information: The types of sensitive information we may collect about you include:

• general information about your health, any illness, injury, disability or pregnancy;
• other health information such as:
  • notes of symptoms or diagnosis;
  • whether you suffer from any allergies or sensitivities;
  • information about health services you have received;
  • prescription information or information about other pharmaceutical purchases; and
  • your Medicare details, Health Care Card, Department of Veteran Affairs Card or any other concessional and safety net cards you may hold.

Unless otherwise permitted by law, we will not collect sensitive information about you without first obtaining you or your representatives consent.

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 register for an account, through the 'contact us' form on our website or when you request our assistance via email, our online chat 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 details of your use of our website from our analytics and cookie providers and marketing providers. See the "Cookies and tracking technologies" section below for more detail.

Collection and use of 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 provide our Services to you, including to dispatch and deliver products to you, process your order and manage your account;
• to enable you to access and use our associated applications;
• to contact and communicate with you about our Services;
• 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;
• to run promotions, competitions and/or offer additional benefits to you;
• for advertising and marketing, including to send you promotional information about our products and services and information that we consider may be of interest to you;
• where you access our Services through a Healthcare Provider, we will not use your personal information to market our own products or services to you, except with your consent or the consent of your Healthcare Provider;
• 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 authorised 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, to facilitate the management, ordering and delivery of your medication and other pharmacy products.
• 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;
• where you access our Services through a Healthcare Provider, our use of your sensitive information is limited to the purposes for which we are providing those Services on behalf of, or in conjunction with, that Healthcare Provider, together with any purpose required or permitted by law; and
• if otherwise required or authorised by law.

De-identified information: We may use information that has been de-identified (so that you can no longer be reasonably identified from it) for internal purposes, including platform performance monitoring, service quality, product improvement, and aggregate trend reporting. De-identified information is not personal information under the Privacy Act and may be retained and used after your personal information has been deleted.

Disclosure 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, debt collectors, couriers, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
• the Healthcare Provider through whom you access our Services, and any other doctors, pharmacists or health service providers who are involved in your care;
• our employees, contractors and/or related entities;
• our service providers and subcontractors who assist us in operating our Services and who are bound by equivalent confidentiality and data protection obligations;
• 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 authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
• any other third parties as required or permitted by law, such as where we receive a subpoena.

Hosting and overseas disclosure: Our primary data hosting is located in Australia, with edge security, content delivery, and denial-of-service protection services that operate from globally distributed locations. Some of our service providers may store, transfer, or access your personal information outside Australia, including the following categories of providers and locations:

• analytics services, including Google Analytics (operated by Google LLC): United States and the European Union;
• error monitoring, performance monitoring, and diagnostic services: United States and the European Union;
• email, messaging, and notification services: United States and the European Union;
• edge security and content delivery services: globally distributed locations.

Our payment processing partners may also process payment information through international card network and acquirer routes, as is standard for card payment processing.

We take reasonable steps to ensure that any overseas service provider handles your personal information in accordance with the Australian Privacy Principles, including by entering into contractual arrangements that require them to do so. We do not name individual service providers in this Privacy Policy in order to maintain the security and integrity of our Services. A current list of categories and approximate locations is maintained above and updated from time to time.

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.

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 communication.

Access: You may request access to the personal information that we hold about you. We will respond to your request within a reasonable time, and within any timeframe required by applicable law. An administrative fee may be payable for the provision of such information. Where the information you are requesting access to constitutes a health record under applicable state or territory legislation (including the Health Records Act 2001 (Vic), the Health Records and Information Privacy Act 2002 (NSW), and the Health Records (Privacy and Access) Act 1997 (ACT)), our response timeframes and any fees we charge will comply with the requirements of that legislation. Please note, in some situations, we may be legally permitted to withhold access to your personal information.

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.

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. You also have the right to contact the relevant privacy authority.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised 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 unauthorised access, modification and disclosure.

One of these measures that we have put in place is our data breach plan, to ensure that we comply with the Notifiable Data Breaches (NDB) scheme, as defined in the Privacy Act.

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. This statement does not limit our obligations under applicable law or under any agreement we have with your Healthcare Provider to maintain appropriate security practices.

Retention

We retain your personal and sensitive information for as long as is necessary to provide our Services to you, to meet our legal and regulatory obligations, and to resolve any disputes.

Where we hold information that constitutes a health record, we retain it in accordance with applicable health records legislation. This generally requires retention for at least seven (7) years from the date of last service for adults, and until the patient turns 25 for records relating to minors.

Regulatory retention of prescription records: Where information we hold relates to a prescription, dispensing event, or related healthcare identifier transaction, we are required by Australian federal and state regulatory frameworks (including the Australian Digital Health Agency's conformance requirements for Prescription Delivery Services, the Pharmaceutical Benefits Scheme and Medicare record-keeping requirements administered by Services Australia, real-time prescription monitoring requirements, and applicable state Drugs and Poisons legislation) to retain that information as part of our audit and transaction records, for periods that may extend beyond seven (7) years and in some cases indefinitely. Such records are retained solely for regulatory compliance purposes, and continue to be protected by the security and confidentiality measures described in this Privacy Policy.

Where you access our Services through a Healthcare Provider, retention of your information may also be subject to the records management practices and instructions of that Healthcare Provider.

Cookies and tracking technologies

We use cookies and similar technologies on our online Services. Cookies are small text files placed in your browser to store information such as your preferences and session details. Cookies, by themselves, do not generally tell us your email address or other personally identifiable information. Where you choose to provide our online Services with personal information, that information may be linked to the data stored in the cookie.

We use the following categories of cookies and tracking technologies:

• Essential cookies: necessary for the operation of our Services, including authentication, session management, and security. These cannot be disabled without affecting your ability to use our Services.
• Analytics cookies: to help us understand how our Services are used so we can improve them. This includes Google Analytics (operated by Google LLC), and may include other privacy-focused analytics tools that do not collect personally identifiable information. You can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on.
• Functional cookies: to remember your preferences and settings between visits.
• Diagnostic and product technologies: we use error-monitoring and product-analytics tools that may collect technical diagnostic information and aggregated usage information from your browser session to help us identify errors and improve our Services.

Email tracking: When we send you emails through our email service providers, those emails may include tracking pixels or similar technologies that allow us to know when you have opened the email or clicked on a link, so we can measure the effectiveness of our communications. You can disable these by configuring your email client to block external images, or by unsubscribing from non-essential communications.

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 online Services.

Links to other websites

Our Services may contain links to other 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 will take reasonable steps to notify you of any material changes (for example, by email to your registered email address). 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.
- ABN 69 648 193 757