Privacy Policy & Terms of Service

1. Introduction

Omniscient Neurotechnology Pty Limited (ACN 632 853 555) with our head office at Suite L1.108, 477 Pitt Street, Haymarket NSW 2000, Australia (Omniscient Neurotechnology, we, us and our) understand that your privacy is paramount, and are committed to protecting your privacy. This policy sets out how we handle information about you in accordance with all applicable privacy law.

This Privacy Policy is not intended to replace any other privacy notice or consent (such as a consent form or collection notice) that is provided to you.

We may modify or amend this Privacy Policy from time to time and will publish any updated version of this Privacy Policy on our website (www.o8t.com) when we do.

2. Collection of personal information

• use the Omniscient Neurotechnology product(s) (including for demonstration purposes);
• visit our website;
• sign up to receive communications from us or send us questions via our Contact form; or
• contact us by any method, such as telephone, email, post, facsimile or in person,

or as otherwise notified to you from time to time.

Personal information is also collected from, and about, applicants for employment with Omniscient Neurotechnology.


Third party collection
Our products and services are designed such that they do not need the personal information of patients (including individual test subjects) in order for our customers (for example, hospitals and health professional) to use them. As such, we request that our customers de-identify any information relating to an individual before providing it to us. That said, we may technically be able to access personal information held by our customers in the limited situation where we are required to perform support and maintenance services over particular IT equipment that is used by them – however, we will not use that personal information or make or keep any copies of any such personal information.

If one of our customers sends us a patient’s personal information that we do not require to provide our products and services (for instance where our customer sends personal information to us unintentionally or in rare situations where a person remains identifiable despite the de-identification process), we have mechanisms in place to delete or de-identify such data as soon as we become aware of this.


Types of personal information
The personal information you provide to us will vary depending on the nature of your interaction with us, but may for example include your name, contact details, educational qualifications, employment history, and other personal information contained in any communications you send to us or that we receive from third parties.

In circumstances where we collect a patient’s personal information from our customers (such as hospitals), this information may include your health information (such as your medical history), which is sensitive information for the purposes of the APPs. However, as we mention above, we request that our customers de-identify all information before it is provided to us, and we have mechanisms in place to delete or de-identify any personal information regarding patients that we receive.

3. Our website

Our web servers may automatically collect information when you visit our websites, including:

• your IP address;
• the date and time of your visit;
• the parts of our website you access during your visit;
• your actions on our website;
• referrer URL; and
• the browser type and version you are using.

4. Using your personal information

The personal information that we collect is generally used to provide products or services to you, and, if you use our website, to track your usage, to evaluate performance of our website, and to keep track of your account settings. Information collected by us may also be used for the following purposes:

(i) to provide our products and services to our customers;
(ii) to conduct marketing activities and to conduct market research;
(iii) to respond to your questions or suggestions;
(iv) to improve the quality of our products or services;
(v) to improve the quality of your visit to our websites including application of Google Analytics;
(vi) to allow you to subscribe to receive communications from us;
(vii) to provide training and continuous education of professional personnel; and/or
(viii) to undertake quality assurance activities, practice accreditation, customer satisfaction surveys, statistical analysis and complaint handling.

If you are a candidate seeking employment with Omniscient Neurotechnology, we will use your personal information to process your application and assess your suitability for any role. We may retain your information for future reference.

You may opt out of receiving marketing information by notifying us accordingly, or by using any unsubscribe facility we provide for that purpose (e.g. through the “unsubscribe” link in the newsletter). We note that we may use the services of a third party provider, such as HubSpot or Mailgun, to organise our contacts and communications with you.

5. Sharing your personal information

We will sometimes need to share your personal information with persons or organisations outside Omniscient Neurotechnology, which may including sharing:

• with our associated entities for our business purposes. Some of our associated entities may be located outside of your jurisdiction, including in Australia, the United States and China;
• with third party contractors, who help us conduct our business. Where information is shared with these third parties, we will take reasonable steps to ensure that third parties observe the confidential nature of such information and are prohibited from using any or all of this information beyond what is necessary to assist us;
• with our professional advisors (such as our auditors, insurers, legal advisors and ethics committee), including for medical, insurance, legal, management and/or procedural reasons;
• as permitted or required by law, including but not limited to disclosure to government and regulatory authorities;
• in the event of a dispute, or legal proceeding of any kind between you and us;
• if we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, in which case we may transfer the information we have collected from you to the other company; and
• with research bodies.
  
  We may disclose your personal information to a third party referred to above that is located outside of your jurisdiction, however due to circumstances which change from time to time it is not practicable for us to specify the countries in which such third parties are located. Where we disclose personal information to overseas providers, we will use reasonable efforts to ensure that the overseas provider complies with the same privacy principles that govern our collection and handling of your personal information.
  
  You can contact our Data Protection Officer at the contact details below if you have any questions about the disclosure of your personal information. While we may market the goods or services of third parties in limited circumstances as described above, we will always do so ourselves (or using our own third party contractors). We do not sell, rent or trade personal information to third parties for marketing purposes.

6. Accessing and correcting your personal information

We will, on request, provide you with access to the information we hold about you, including for the purpose of correcting or updating that information, unless there is an exception to such disclosure which applies under relevant privacy legislation. If you require access to your personal information, please contact our Data Protection Officer using the contact details below. You may be required to put your request in writing and/or provide proof of your identity for security reasons.

For most requests, your information will be provided free of charge, however, we may charge a reasonable fee if your request requires a substantial effort on our part.

If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the APPs (unless it would be unreasonable to do so).

We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it. If the personal information we hold about you is inaccurate, incomplete, irrelevant or out-of-date, please contact us and we will take reasonable steps to either correct this information, or if necessary, discuss alternative action with you.

7. Protecting your personal information

We are committed to protecting your personal information. We take appropriate security measures to protect your personal information from misuse, interference or loss, and from unauthorised access, modification or disclosure. This includes the use of technologies and processes such as:

• access control procedures and policies including Zero Trust Network Access (ZTNA);
• confidentiality requirements applicable to our employees and subcontractors; and
• network firewalls including web application firewall (WAF), encryption (i.e. SSL and TSL encryption) and physical security to protect the privacy of your personal information.
  
  Records are held securely for future retrieval in accordance with applicable laws and good business practice. If Omniscient Neurotechnology no longer needs, or is no longer required, to retain personal information, Omniscient Neurotechnology will take reasonable steps to destroy the information or will ensure that the information is de-identified.

8. Contact information

If you have any queries or complaints with regards to our collection, use or management of your personal information, please contact our Data Protection Officer:

Attention: Curt Thomas
Omniscient Neurotechnology
Email: legal@o8t.com
Telephone: (+1) 470 845 8453

If you make a complaint, we will endeavour to respond to it as soon as possible. If you are dissatisfied with our response, you have the right to make a complaint to the Office of the Australian Information Commissioner by phoning 1300 363 992 or by email at enquiries@oaic.gov.au.