Evolution Surgical Privacy Policy

Evolution Surgical Pty Ltd (ACN 643 095 925) (together with all its related entities) (Evolution Surgical, we or us) is committed to protecting the privacy and security of your personal information.

This Privacy Policy provides an outline of how and when personal information is collected, disclosed, used, stored and otherwise handled by Evolution Surgical.  The Policy relates to personal information collected by any means and by any technology (e.g. our website and other sources such as social media). All personal information will be treated in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles.

By using our website or engaging with us in anyway, you agree to the terms of this Privacy Policy.

Collection of Personal Information

Evolution Surgical will only collect personal information that is reasonably necessary for us to conduct our business.

Personal information is information or opinion from which an individual’s identity may be ascertained. We may collect personal information from you in various ways, including when you access our website, platforms, or services, subscribe to receive our news and events updates, submit an enquiry form on our website, contact us through email or telephone,  interact with our social media platforms, or accept our cookies or other tracking technologies on your device/s.

The types of personal information we may collect include:

1. Contact information: Name, email address and phone number;
2. Your qualification(s), position, organisation and/or business;
3. Opinions and information collected in surveys or questionnaires relating to our products;
4. Communications: records of your interactions with us, including emails and other correspondence;
5. Preferences and browsing behaviours;
6. Computer and connection information necessary for accessing our site; and
7. Any information that you otherwise share with us.

Use and Disclosure of Personal Information

Evolution Surgical will use and disclose your personal information in line with Australian privacy legislation. We may do so for the following purposes:

• Update your account and contact details;
• Verify your identity and other information for accuracy and completeness;
• Respond to any queries or feedback that you may have;
• Communications and marketing purposes;
• Monitor metrics and analytics relating to website usage and improve our services;
• Internal auditing and administration;
• Record-keeping;
• Gain an understanding of your information and communication needs or obtain your feedback or views about our products and service so we may improve them;
• Maintain and develop our business systems and infrastructure, including testing and upgrading of these systems;

and for any other purpose considered reasonably necessary or desirable by us in relation to the operation of our business.

Evolution Surgical will not use or disclose your personal information for any other purposes without first obtaining your express or implied consent.

Sharing Your Information – Direct Marketing

From time to time we may share your personal information with third parties, including as necessary to third parties providing services to Evolution Surgical. We may also share your information as required by law, or if you provide us with your explicit consent. Third party service providers may include but are not limited to those providing:

• Legal, accounting, or other professional services;
• mailing systems;
• information technology services;
• conduct quality assurance testing;
• marketing, telemarketing and sales services;
• market research;
• website usage analysis; and
• technical or other business support.

We may also disclose your personal information to:

• your authorised representatives or legal advisers (when you request that we do so);
• credit-reporting and fraud-checking agencies;
• government and regulatory authorities and other organisations, as required or authorised by law;
• protect or defend our rights or property or that of other users of the website;
• investigate or assist in preventing any violation or potential violation of the law or this Privacy Policy;
• protect the safety of any person or to protect the safety, security or integrity of the website;
• detect, prevent or otherwise address fraud, security or technical issues;
• organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
• the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.

Accessing your personal information

We will handle all access requests in accordance with the Australian Privacy Principles and do our best to respond within a reasonable timeframe. We may charge a fee for access if a cost is incurred by us to retrieve your information, as well as a reasonable fee for any handling and processing.

Requests may be refused where access would:

• be unlawful (e.g. where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
• have an unreasonable impact on another person’s privacy or other legitimate rights;
• prejudice an investigation of unlawful activity;
• constitute a burden or expense disproportionate to the risks to your privacy;
• be based on a request that is clearly excessive or unfounded; or
• comprise our proprietary business information.

We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.

If we refuse to give you access, we will provide you with reasons for our refusal.

Withdrawing consent

You have the right to withdraw consent for the collection of personal information. Once we have processed such a request, we will no longer collect, use and/or disclose your personal information, except to the extent that we retain your personal information for fraud, compliance, regulatory or other legal purposes.

You may also opt-out of receiving marketing communications at any time.

Storing and securing your information

We are committed to maintaining the security and confidentiality of the personal information that you provide to us and we will take all reasonable precautions to protect your personal information from unauthorised use, interference, alteration, loss or disclosure.  Personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form.  Firewalls, anti-virus software and email filters, as well as passwords, protect all our electronic information.  Likewise, we take all reasonable measures to ensure the security of hard-copy information.

We will only keep your personal information for as long as is necessary for the purpose for which it was collected, subject to satisfying any applicable legal, accounting or reporting requirements.  At the end of any retention period, your personal information will either be deleted completely or anonymised (e.g. by aggregation with other data so that it can only be used in a non-identifiable way for statistical analysis and business planning).

Data breaches

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

If there is a data breach, we will take all reasonable steps to contain the suspected or known breach where possible and follow the process set out in this Privacy Policy.  If required under Part IIIC of the Privacy Act or any other subsequent sections or legislation, we will notify of an eligible data breach.

We will take immediate steps to limit any further access or distribution, where reasonably possible.  If we have reasonable grounds to suspect that the data breach is likely to result in serious harm to any individuals involved, then we will take all reasonable steps to ensure an assessment is completed within 30 days of the breach or sooner if possible. We will endeavour to follow the guide published by the Office of the Australian Information Commissioner (if any) in making this assessment.

If we reasonably determine that the data breach is not likely to result in serious harm to any individuals involved or any remedial action is successful in making serious harm no longer likely, then no notification or statement will be made.

Links to External Sites

Our website may contain links to external sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.

Privacy Policy Changes

It may be necessary for us to revise or replace this Privacy Policy, from time to time.  We will notify you about changes to the Privacy Policy by posting an updated version on our website.  Any changes will, unless otherwise noted, be effective immediately.  In some cases, we may notify you by adding an appropriate pop-up notification to the website.  You will also be able to determine if the Privacy Policy has been updated by checking the date on which it was last reviewed (set out on the front page).  By continuing to use our website and services after an update, you agree to be bound by the terms of our updated Privacy Policy available on our website.

Governing Law

This Privacy Policy and your use of our website shall be governed in all respects by the laws of New South Wales, Australia.

Contact

If you have any questions about this Privacy Policy, please contact us via email info@evolutionsurgical.com.au or phone 02 9428 1084