Theramex Australia Pty Ltd
Privacy Policy 

1.            About this Privacy Policy:

This is the privacy policy (‘Privacy Policy’) of Theramex Australia Pty Ltd ACN 623 186 845 (herein referred to as ‘Theramex’ ‘we’, ‘us’ or ‘our’). We are committed to protecting the privacy of your Personal Information in accordance with Australian privacy laws. In this Privacy Policy:   

• a reference to Theramex is a reference to Theramex and our related bodies corporate from time to time; and
• ‘Personal Information’ means information or an opinion about an identified individual, or an individual who is reasonably identifiable, as defined in the Privacy Act 1988 (Cth) (‘Privacy Act’).

Our Privacy Policy sets out how we collect, use, disclose and manage your Personal Information.

Our Privacy Policy complies with the Australian Privacy Principles set out in the Privacy Act. It outlines our approach to privacy and how we endeavour to protect your Personal Information.

When you engage us to provide you with any goods or services, communicate with us through email, by telephone, in writing, participate in any of our promotional activities, or use any of our other services, including our websites, you agree to the use and disclosure of your Personal Information in the manner described in this Privacy Policy.

We may from time to time review and update this Privacy Policy so please check our website periodically to stay informed of any updates. All Personal Information collected and held by us will be governed by the most recently updated Privacy Policy.

2.            Types of Personal Information we collect:

• The kinds of Personal Information we may collect from you will depend on what type of interaction you have with us. Personal Information we may collect from you includes, among other things:
• identity particulars – such as your name, address, date of birth, occupation, telephone numbers and e-mail address;
• Personal Information you provide to us when you participate in a promotion, competition, promotional activity, survey, market research, subscribe to our mailing list;
• Your records of communication with us; and
• if you visit our website, your website usage information such as your IP address.

3.            The purpose for collecting your Personal Information:

• We will generally only collect and use your Personal Information for the primary purposes of:
• our general business operations, which includes improving our goods and services;
• effectively providing you with our goods and services;
• communicating with you;
• responding to your inquires or complaints;
• meeting our legal and regulatory obligations;
• conducting, improving and developing a relationship with you; and
• direct marketing (such as providing you with information about our products and promotional notices and offers).

Your Personal Information is only collected by lawful and fair means and where practicable, only from you or from a person acting or authorised to act on your behalf.

• We will take reasonable steps to ensure that you are aware of:
• the likely use of the information;
• the right of access to the information;
• the identity and contact details of our employee/representative collecting your Personal Information;
• any law requiring collection of the information; and
• the main consequences of failure to provide your Personal Information.

4.            How we may use and disclose your Personal Information:

We may use your Personal Information for:

• the primary purposes for which it was collected, such as those described above;
• administering and responding to your enquiry or feedback about our products and/or services;
• conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey, market research or customer behavioural activity; and
• promoting and marketing our current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services so as to improve and develop new products and services (but giving you the opportunity to opt-out of such direct marketing).

We may disclose Personal Information we collect from you:

• to our related companies, suppliers, consultants, contractors or agents for the primary proposes for which it was collected or for other purposes directly related to the purpose for which the Personal Information is collected.  For example, your name and telephone number may be disclosed to our supplier to enable that supplier to respond to your request for information about a particular product;
• for direct marketing by, but giving you the opportunity to opt-out of such direct marketing; We will include our contact details in any direct marketing.
• to relevant Federal, State, Territory medical, health and safety  authorities (as required);
• where the law requires or authorises us to do so;
• to others that you have been informed of at the time any Personal Information is collected from you; and
• with your consent (express or implied), to others.

We do not disclose your Personal Information for any secondary purposes unless your consent has been given or as required by law, and we will not sell or license any Personal Information that we collect from you.

5.            How your Personal Information is stored and secured:

We take reasonable steps to protect your Personal Information from loss, misuse or unauthorised access by restricting access to the information in electronic format and by appropriate physical and communications security.

If a substantial data breach has or may have occurred (for example, your Personal Information was shared with unauthorised persons) we will notify you as soon as is practicable.

We only keep your Personal Information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to securely destroy or permanently de-identity your Personal Information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.

We will retain your information as follows:

• 12 months from the date of collection of your Personal Information if you do not respond to our marketing in that time;
• if you become a customer, 6 years after the date of termination or expiry of the contract; or
• if you opt-out of receiving our marketing information, within 28 days from your opt-out.

6.            Using our Website and Cookies:

As with most websites, when you visit our website or use an application on our website, we may record anonymous information such as IP address, time, date, referring URL, pages accessed and documents downloaded type of browser and operating system.

We also use ‘cookies’. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your Personal Information. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but the website may be limited in the use of some of the features.

Our website may also contain links to or from other websites. We are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on our website. We encourage you to read the privacy policies of other websites you link to from our website.

7.            Web push notifications:

Our website may send you an initial pop-up message when you’re on the website asking if you want to allow or block pop-up notifications from Theramex within your web browser when you have your browser open on any website (‘Notifications’). When you select Allow, you are agreeing to receive Notifications from Theramex. You will only start to receive Notifications after you select ‘Allow’ and you can change this setting at any time.

If you have selected to allow Notifications, Theramex may send you Notifications about products, services, our latest offers, price and in stock alerts and other information we think might be of interest to you. Note that Notifications may be sent to you when you are on another website if your web browser is open.

You can opt-in or opt-out of Notifications at any time via your browser settings. If you want to opt-out of Notifications at any time, follow the steps listed under the Web Push Notifications section provided by your browser’s ‘help page’.

8.            Marketing and Opting-Out:

We may use your Personal Information for:

• promoting and marketing of our current and future products and services;
• informing you of upcoming events and special promotions and offers; and
• analysing our products and services so as to improve and develop new products and services.

We may exchange your Personal Information between our related entities and so they can also assist in the marketing of our products and services to you.

We will only offer you products or services, where we reasonably believe that they could be of interest or benefit to you.

At the point we collect information from you, you may be asked to ‘opt-in’ to consent to us using or disclosing your Personal Information. You will generally be given the opportunity to ‘opt-out’ from receiving marketing communications from us. You may ‘opt-out’ from receiving these communications by clicking on an unsubscribe link at the end of an email or by contacting us with this request.

9.            Cross border disclosure:

Your Personal Information may be processed by, or disclosed to employees, representatives, or other third-parties operating outside of Australia who work for, or are engaged by us in other countries, including the United Kingdom, the United States of America and countries located in Europe. We may also use a server hosted overseas including in facilities located in the United Kingdom, the United States of America and countries located in Europe to store data, which may include your Personal Information.

We will take reasonable steps, in the circumstances, before your Personal Information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your Personal Information (‘the reasonable steps’).

The reasonable steps may not apply if you consent to the disclosure of your Personal Information to an overseas recipient and we reasonably believe that the overseas receipt is subject to laws that are suitability similar to privacy laws in Australia. 

If you consent to the disclosure of your Personal Information to an overseas recipient, the overseas recipient may not be accountable under the Privacy Act, and you will not be able to seek redress for breaches under the Privacy Act.

10.          Specific rights of European residents

Theramex is committed to ensuring its compliance with the European Union General Data Protection Regulation (‘GDPR’).

Although our Privacy Policy explains how Theramex meets all of its obligations for Australian individuals, Theramex may also have some individuals who are habitually located in the European Union (‘EU Residents’) that have additional rights in respect of any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (‘Personal Data’).

Personal Data should be considered fundamentally interchangeable with the Australian ‘Personal Information’ for the purposes of this Privacy Policy.

Under the GDPR, Theramex is primarily a ‘controller’ of Personal Data, as opposed to being a ‘processor’. As part of its GDPR compliance, Theramex provides its services in a way that ensures:

• Personal Data (i.e. Personal Information) is:
  • processed fairly, lawfully and in a transparent manner; and
  • collected and processed only for specified and lawful purposes.
• Processed Personal Data (i.e. Personal Information that is used, held or disclosed by Theramex) is:
  • adequate, relevant and not excessive;
  • accurate and, where necessary, kept up to date;
  • kept secure, and not longer than necessary;
  • not transferred to countries outside the European Union without adequate protection; and
  • treated in accordance with individuals’ legal rights.

Whilst Theramex strives to provide all individuals with appropriate access and control over their data, individuals covered by the GDPR are also able to:

• prescriptively restrict, limit or otherwise provide instructions to Theramex regarding how we can use their Personal Data. This includes being able to object to how and why their Personal Data is used (e.g. by the removal of their consent for particular functions);
• request the erasure (i.e. deletion) of their information; and
• request Theramex provides all Personal Data held about them in a portable format, meaning in a way that is structured, commonly used and machine-readable. Individuals who exercise this right to data portability are also able to direct Theramex to transmit this data to other entities who they intend to allow to process their Personal Data.

Theramex will allow and assist individuals that are EU Residents to exercise these rights, unless we have compelling and legitimate legal grounds not to (e.g. a legal obligation under Australian legislation, or if the Personal Data has been fully anonymised).

11.          Accurate and up-to-date information:

We take reasonable steps to ensure your Personal Information is accurate, up-to-date and not misleading by updating its records whenever true and correct changes to the data come to its attention.

If you believe your information is incorrect, incomplete or not current, you can request that we update this information by contacting our Privacy Officer. To contact our Privacy Officer please see contact details below in paragraph 19.

We will correct information we hold about you if we discover, or you are able to show to a reasonable standard, the information is incorrect. If you seek correction and we disagrees that the information is incorrect, we will provide you with its reasons for taking that view.

We disregard information that seems likely to be inaccurate or out-of-date by reason of the time that has elapsed since it was collected or by reason of any other information in our possession.

12.          Access to your Personal Information:

We acknowledge that you have a general right of access to information concerning you, and to have inaccurate information corrected. You are able to access the Personal Information we hold about you by contacting our Privacy Officer. If access is refused to your Personal Information for reasons permitted by the Privacy Act, we will give you a notice explaining our decision to the extent practicable and your options.

To contact our Privacy Officer please see contact details below. If you make an access request, we may ask you to verify your identity and put your request in writing for security reasons.  We may charge a reasonable administration fee to cover the costs of meeting your request. We will reply to your request for access within 30 days of notification by you.

13.          Dealing with unsolicited information:

We take all reasonable steps to ensure that all unsolicited information is destroyed or de-identified immediately.

14.          Anonymity when dealing with us:

Only where it practicable to do so, we may allow you the option not to identify yourself when dealing with us.

15.          Collecting sensitive information:

Theramex does not collect sensitive information, unless it is specifically relevant and necessary for the purpose of our business activities and functions, and your consent is first obtained. All sensitive information that is collected is used in accordance with this Privacy Policy.

16.          Government identifiers:

We do not use government identifiers (e.g. tax file numbers or Medicare numbers) to identify individuals.

17.          Transfer of ownership:

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, your Personal Information may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of our business (or its assets) will continue to have the right to use your Personal Information in accordance with the terms of this Privacy Policy.

18.          Complaints and disputes:

If you have reason to believe that we have not complied with our obligations relating to your Personal Information under this Privacy Policy or under the Privacy Act, please refer any compliant to queries to our Privacy Officer (details below).

We will ensure your compliant is handled by our Privacy Officer in an appropriate and reasonable manner. Were necessary we may consult with our related entities and partners in order to deal with your complaint. A written notice of our decision regarding your complaint will be provided to you. If you are not satisfied with the outcome, then you may contact the Office of the Australian Privacy Commissioner:

Office of the Australian Information Commissioner

Website: www.oaic.gov.au

Phone: 1300 363 992

19.          Who should you contact for further information?

Please refer any queries or complaints about our Privacy Policy or privacy issues to our:

Our Privacy Officer will consider your question or complaint and respond to you in a reasonable timeframe.

Last Updated: 19 December 2023