Effective Date: 18 February 2021
Adherium Limited (ACN 605 352 510) and its affiliates, Adherium (NZ) Limited, a New Zealand registered company (1155872), Adherium North America, Inc. and Adherium Europe Ltd (“Adherium”, “we”, “us”, “our”) respect and are committed to protecting the privacy of any person who uses our services (“you” or “your”).
Who we are
What personal information we collect and when
How we use your personal information
What happens if you do not provide personal information
Who we share it with
What is aggregated information?
Protection of your information
International data transfers
How long we keep your information
Requesting a copy of your information
Changes to this Policy
How to contact us
How to make a complaint
WHO WE ARE
Adherium delivers platform solutions to assist patients, healthcare professionals and healthcare organisations in chronic respiratory disease management.
Adherium (NZ) Limited is an agency responsible for processing personal information under the New Zealand and Australian privacy laws.
Adherium (NZ) Limited is the data controller under the EU and UK law in relation to Services provided directly to EU residents. In some cases, Adherium (NZ) Limited may act as a controller jointly with a third party. For certain Services, our affiliated companies may provide certain processing activities in relation to some product sales, or product and Services support activities. In other cases, Adherium (NZ) Limited processes your personal information on behalf of third parties and subject to their lawful basis for processing and/or our legitimate interests. For example, we sometimes make our Services available for use with third-party apps in a way that does not require you to have an Account with us (see below) or otherwise interact with us. With these Services, we may still receive a limited amount of information generated by your use of the Sensor and the third-party app. To the extent this information identifies you as a person, we will be a data processor on behalf of the third-party running the app (the data controller) and the use of the information will be governed by the third party’s privacy policies, not ours.
WHAT PERSONAL INFORMATION DO WE COLLECT AND WHEN
When you use the Services, we ask you to provide certain personal information necessary for us to provide the Services to you and to carry out the activities as outlined below.
If you enquire about our Services
- Your name, preferred title and contact details: physical address, phone or mobile number, email address;
- The name of your organisation and your role within it;
- Areas of interest in relation to our Services; and
- The purpose for which you wish to use our Services.
If you are a Healthcare Professional and we set up a Portal account for you
- Your name and email address; and
You will use your email address and the password to access your account. Once your account is set up, you will be able to create patient accounts.
“Healthcare Professional” means a healthcare provider or a healthcare practitioner including, without limitation a clinician, principal investigator, investigator, general practitioner, pharmacist, nurse, caregiver, healthcare educator, clinical research organisation, research institution.
If you are a Healthcare Professional and you access our Portal:
- Time and date of access and time zone from which you access the Portal;
- Operating system information;
- Your activity within a patient account;
- Other Portal performance measure such as the amount of data in and out, the average response time or server error.
If you are a patient and your user account is created
To use the Services you will require your own user account which will contain your prescription information and medication use data (the “Account”). You can create the Account through the Hailie® App or your Healthcare Professional can create it for you via the Portal. The following personal information is required to create an Account:
- An email address, either your personal one, or if you are using the Services through a Healthcare Professional, organisation or a plan, you may be able to use a dummy email address to protect your privacy further;
- Your password;
- To enable us to track your medication usage, we collect details of your prescription(s), including the type of inhaler(s) you use and, the number and time of the doses you have been prescribed.
If you are participating in a clinical trial or disease management programme, your Healthcare Professional may also include your patient identifier or other clinical identifiers in the Account. In some cases, when your account is created by your Healthcare Professional and your data will be uploaded only via our desktop app, your account may be created using only your coded patient ID, without any direct identifiers.
If you are a patient and you log into the Account using third party services
When you choose to log in into your Account using a third party social media or authentication service, you are giving us access to and permit us to store certain information from that third party service, for example, your name, email address(es), current city, profile picture URL, and other personal information that the third party service makes available to us, and to use and disclose it in accordance with this Policy. Before you decide to use the third-party services to log into the Account, please make sure you check your privacy settings on these third-party services to understand what information is shared with us.
When you pair or sync your Sensor with the App
When you pair your Sensor with the App for the first time we collect Sensor Serial Number and MAC address. The Sensors log information about your inhaler use from the moment you attach the Sensor to the inhaler and start using them. When you sync your Sensor with the App or Portal we receive the following information collected by the Sensor:
- Sensor Serial Number and MAC address;
- The date and time of inhaler use; and
- Depending on the Sensor models, inhaler technique information, for example, whether the inhaler was primed, its orientation, or inhalation information when the inhaler was used, to confirm correct medication usage technique.
When you use our App or Portals
From time to time when you use our App or Portals, we may ask you for information relevant to you tracking and improving the management of your respiratory health, including:
- Your age and gender;
- Your other medication prescriptions;
- Whether you want to enable geolocation services on the App. If you enable geolocation services, we may collect location information, including the time and geographic location when you access the App to let you keep track of places and things that might affect your respiratory health;
- Your peak flow measurements; or
- Access to information relevant to the management of your respiratory health held on third-party mobile apps.
The Hailie® solution requires enabled Bluetooth® wireless technology to function. As Bluetooth® can be used to derive your location, if you are an Android user, please note that Android requires you to give coarse location permissions in order to use Bluetooth® wireless technology. This means that Wi-Fi or mobile cell data (or both) can be used to determine your device’s location with an accuracy approximately equivalent to a city block.
If the Services are provided to you via a third party
When online purchases via our e-commerce platform www.hailie.com are enabled we collect:
- Your contact details (name, address, email, phone number); and
- Details about the Sensors or Services you purchased.
When you access our Portals, we may collect and analyse technical information about user activities, such as user traffic patterns, IP addresses, browser types, browser language, operating system, software and hardware attributes, referring and exit pages and URL, the state or country from which you accessed the Portal, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the time spent on a page, the terms used in searches on the Portal, the time and date you access the Portals, upload or post content, error logs and other similar information.
When you contact us to lodge a complaint
When you lodge a complaint, we will collect your contact details, the specifics of the complaint, including the Sensor number, or other account details relevant to responding to the complaint.
When you contact us to make a privacy-related requests
When you make a privacy-related request, we will need to confirm your identity. We may ask for your date of birth, gender, identity documentation such as a passport or driving licence.
Information we do not collect
Other than the health information described above, we do not knowingly and intentionally collect or maintain any information regarding users’ race or ethnic origins, political opinions, religious or philosophical beliefs or other sensitive information.
HOW WE USE YOUR PERSONAL INFORMATION
The Services are intended to help you learn more about your health. To do this, we collect and use your personal information for the following purposes:
- Providing the best experience possible with the Services, including creating and managing your Account;
- To allow you to display Sensor information specific to you (if you are a patient) or your patient group (if you are a Healthcare Professional) and information which lets you track your or your patients’ respiratory health;
- Responding to your inquiries, requests, complaints, and if applicable, completing your orders, processing payments and providing technical support;
- Keeping you posted with our latest announcements and changes to the Services;
- Analyzing and improving our products and services;
- Conducting statistical and other analyses about the use of the Services;
- Creating aggregated data sets (see the Aggregated Information heading below);
- When you permit a third party (e.g., your Healthcare Professional, healthcare organisation or healthcare plan) to access your information, using your information to assist that third party in carrying out its operations;
- As required by legal or regulatory obligations;
- To enforce our Terms of Service;
- Other purposes as required or permitted by law; and
We will only use your personal information for other purposes where you have given your valid consent to our use of your personal information for those purposes.
WHAT HAPPENS IF YOU DO NOT PROVIDE PERSONAL INFORMATION
You do not have to provide all the personal information which we request, but if you do not provide the information you may not be able to register for and use any or a subset of the Services.
If you are a Healthcare Professional, we need to confirm your identity before we can create a Portal account for you.
If you are a patient, the minimum requirements to set up an Account will vary depending on whether we provide Services directly to you or via a third party (refer to If you are a patient and your user account is created [link to SECTION]). An active patient Account requires the minimum registration information and a Sensor serial number, which is uploaded into your Account automatically during the first pairing of the Sensor to the App. Without the Sensor serial number, you will not be able to track your medication use.
DISCLOSING OR SHARING PERSONAL INFORMATION
We respect your right to control who accesses your information. We disclose or share your personal information when:
- Your account is set up by a third party, you enable us to share your information with a third party or you choose to share your information with other mobile applications or websites. In these cases, by turning on the data sharing, you enable us to share your personal information, including health-related information, with a third party at your discretion. If you instruct us to share information from your Account with a third party, the information will be the responsibility of that third party. We encourage you to read the privacy policies of any third parties carefully.
- When: (i) reasonably necessary to comply with legal process (such as a court order, subpoena or search warrant) or other legal requirements; (ii) disclosure would mitigate Adherium’s liability in an actual or threatened lawsuit; (iii) necessary to protect the legal rights of Adherium’s users, customers, business partners or other interested parties; or (iv) necessary for the prevention or detection of crime (subject in each case to applicable law).
We will use your information to create aggregated data sets which no longer identify you as a person. We will use aggregated data for any purpose at our sole discretion, for example, statistical modelling of medication adherence behavioural patterns or market segment research. If we transfer aggregated data to third parties, we will make sure there are measures in place to ensure the third party cannot identify you.
PROTECTION OF YOUR INFORMATION
We take great care to make sure that your information is kept safe, but no system or electronic data transmission is completely secure.
You are responsible for maintaining the security of your account credentials. Adherium will treat access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may at our discretion suspend your use of all or part of the Services without notice, if we suspect or detect any breach of security.
If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below. If we become aware of a possible security breach, we will ensure that it is addressed in accordance with applicable laws.
When we collect your personal information, it may be transferred to our affiliated companies or service providers including where these companies or providers are located outside the jurisdiction you reside in. Regardless of where you live, we take care to ensure your personal information is kept safe and your right to privacy is respected. Before we transfer your information from your country of residence or between other jurisdictions, we will make sure that there are appropriate legal and technical measures in place, so your information is kept private and secure in accordance with the laws of your country of residence.
We will only transfer your personal information from the jurisdiction in which you reside or provide the data under the following conditions:
(a) If the information is “personal data”, as defined in the EU GDPR or the UK GDPR, of the EU and UK residents: on the basis of: (i) the European Commission’s or the UK government’s adequacy determination; (ii) standard contractual clauses, or (iii) where there are appropriate safeguards in place; or
(b) Other personal information: only if (i) the overseas recipient is bound by the laws or a binding scheme that are/is substantially similar to the laws the data subject can enforce; or (ii) on the basis of standard contractual clauses, data processing agreements, or where there are other appropriate safeguards in place.
Adherium companies have offices in Australia, New Zealand, the United Kingdom and the USA.
Our Portals are hosted as follows:
- hailie.com and portal.hailie.com are hosted in the USA, and
- au-go.hailie.com is hosted in Australia.
We store your personal information on secure servers in the following locations:
- For Services delivered to Australia, New Zealand and Hong Kong your information is hosted in Australia;
- For Services delivered to the EU, the United Kingdom, the United States or other locations, the personal information is hosted in the United States.
HOW LONG WE KEEP YOUR INFORMATION
If you deactivate your account, your information is retained on our secure servers for as long as permitted or required under applicable law. If you want to erase your Account information, you can contact us at firstname.lastname@example.org.
YOUR RIGHTS: ACCESSING, MODIFYING AND ERASING YOUR INFORMATION
You can access most of your personal information in the App or Portal directly, or you can request a copy of all information stored about you by asking us at email@example.com.
We take care to ensure that your personal information is accurate and up-to-date. However, if any information we hold is incorrect or inaccurate, you can send us a request to correct it by contacting us at firstname.lastname@example.org.
If you are a resident of the EU or the UK or if we process your personal data in the EU or UK, you also have the following rights:
- You can ask us to restrict processing of that information while we verify whether it is accurate.
- You can ask us to erase your personal data. When you ask us to erase your account, your information will be de-identified and access to your account will no longer be possible.
- You can also object to having your personal information processed for statistical analysis purposes by contacting us in writing. Please note, if you withdraw your consent to Adherium processing your personal information, this will not affect the lawfulness of any processing done prior to you withdrawing consent.
Please send your requests in writing to email@example.com.
This section does not limit or exclude other rights that you may have as the data subject under the applicable data protection laws. For more details on the rights you have in respect of your personal data, please refer to the European Commission (https://ec.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en#fundamental-rights) or the national Data Protection Authority in your country.
We work hard to respond to all requests in a timely manner, according to the requirements of the applicable data protection laws.
In some circumstances and in accordance with applicable laws, we may refuse certain requests, for example, we will decline requests that are vexatious or technically infeasible. In such cases, we will provide you with our reasons for the decision.
If you are not satisfied with our handling of your request, refer to How to make a complaint [link SECTION] section for information on how to lodge a complaint.
We reserve the right to verify your identity before any request relating to your personal information is processed by us.
Where it is technically feasible for us to do so and you have the legal right to make the request, you can request a copy of any personal information that you have provided us, in a structured, commonly-used and machine-readable format, so you can transmit it to another data controller, by emailing firstname.lastname@example.org. Please note, we will not disclose any derivative information (for example, algorithmic results) or information which may compromise any of our intellectual property or confidential business information.
If we use automated processing of your personal information to give you feedback on your use of the Services and improve the management of your chronic condition, we will do so for information purposes only and not to make any decisions which could produce a legal effect or significantly affect you.
Our Portal, App or websites may contain links to websites or applications offered by third parties that we do not control. Any information you provide on third-party sites is governed by their privacy policies, not ours. We are not responsible for any information that you provide to such third parties.
Minors are permitted to use the Services only with the prior consent of a parent or guardian. We do not knowingly collect any information from minors unless we, or the controller we process the personal information for, have received verifiable consent from a parent or legal guardian. If we become aware that a user is a minor and has provided personal information without the consent of a parent or legal guardian, we will delete such information as required by law. If you know of a minor user whose information may have been collected without consent from a parent or legal guardian, please email us at email@example.com.
By using our sites and apps, you agree to us storing and accessing cookies and similar technologies on your device.
What are cookies?
Cookies are simple text files which are sent to and stored on your device when you visit a website or use an app. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your computer, such as user settings, browsing history and activities conducted while using the Services.
Some cookies are deleted when you close the browser on your device (session cookies). Other cookies remain on your device until their expiry or removal (persistent cookies). Some cookies relate to the functionality of the website and improve your user experience (functional cookies). Other cookies allow us to collect statistics (aggregated and anonymous) on the use of the website by our visitors or customers (analytical cookies). Some cookies may be essential for us to provide certain interactive functions or to ensure online environment.
What cookies do we use and why?
Cookies that we use are listed below. This list is not exhaustive but describes the main reasons we typically set cookies. As we adopt additional technologies, we may gather information through other methods. Please refer to cookie notices on our Portals and websites for additional details.
When you access our Portals, we use the following cookies:
This cookie is set by websites that run on Windows Azure cloud platform. ARRAffinity is a cookie used to affinitise a client to an instance of an Azure Web App.
Subset of the above cookie to direct the user to the same site.
When you access au-go.hailie.com Portal, we use the following cookies:
Cookie to display time values in the user’s local time
Third party cookies
How to manage cookies?
If you want to manage your cookie settings in your browser, select the ‘help’ section of your browser (e.g., Google Chrome, Mozilla Firefox, Apple Safari, Internet Explorer) for more information. Your browser will allow you to change your cookie preferences.
You are free to delete cookies, but you may not get the full experience of our Portals. If you decide to block or disable some of the cookies you may not be able to have access to certain features of the Hailie® solution.
HOW TO CONTACT US
- Adherium (NZ) Ltd, PO Box 106612, Auckland 1143, New Zealand, or,
- if you are an Australian resident, to Adherium Limited, PO Box 1149, Thornbury VIC 3071, Australia.
We will respond to all communications as soon as reasonably possible. If you want to give us any feedback about how we have handled your question or request, please let us know because we are always trying to improve.
ADDITIONAL CONTACT INFORMATION FOR EU, EEA AND UK RESIDENTS:
Our Data Protection Officer is Paulina Luczynska at firstname.lastname@example.org.
Adherium (NZ) Limited, which processes the personal data of individuals in the European Union, European Economic Area and/or UK, in either the role of data controller or data processor, has appointed DataRep as its Data Protection Representative for the purposes of EU GDPR and UK GDPR so that you can contact them directly in your home country. DataRep has locations in each of the EU countries, the UK, as well as Norway and Iceland in the EEA.
If you wish to raise a question, or otherwise exercise your rights in respect of your personal data, you may do so by:
- contacting us on our online webform at datarep.com/adherium;
- sending an email to DataRep at email@example.com quoting <Adherium (NZ) Limited> in the subject line; or
- mailing your inquiry to DataRep at the most convenient of the addresses listed here.
- PLEASE NOTE: when mailing inquiries, it is ESSENTIAL that you address your letters to ‘DataRep’ and not ‘Adherium (NZ) Limited’ or your inquiry may not reach us.
- Please refer clearly to Adherium (NZ) Limited in the content of your request.
If you have any concerns over how DataRep will handle your personal data, please refer to their privacy notice at www.datarep.com/privacy-policy.
HOW TO MAKE A COMPLAINT
If you are not satisfied with our response to your question or concern, you can make a complaint to the relevant privacy regulator or data protection authority in your region (see below):
- Australia: Office of the Australian Information Commissioner: https://www.oaic.gov.au/about-us/contact-us/
- EU: please refer to this website for a list of the contact details of the Data Protection Authority for your country: https://edpb.europa.eu/about-edpb/board/members_en
- New Zealand: Office of the Privacy Commissioner: https://www.privacy.org.nz/about-us/contact/
- UK: Information Commissioner’s Office: https://ico.org.uk/global/contact-us/
- Elsewhere: we can assist you in identifying the appropriate regulator in your region. Please contact us at firstname.lastname@example.org.