1.1 LynqCo Pty Ltd (ABN 75 691 923 190) (Company) is committed to keeping your information safe and secure. By engaging with the Company or using the Company's platform or website (the Platform), you are giving consent to the Company to use certain personal and health information in the manner set out in this Privacy Policy (this Policy).

1.2 For the purposes of this Policy:

2.1 The Company, via the Platform, facilitates the Services as defined in the Enterprise Licence Agreement (the Agreement) or the End User Licence Agreement (the EULA) found at www.lynqco.com.au (the Website).

2.2 Since the Platform is a cloud-based software, the Personal Information and Health Information that you provide is stored, collected and accessible by the Company. Nevertheless, any Personal Information or Health Information that you upload into the Platform will only be used insofar as it is necessary for the provision of the Services to you.

3.1 The Company may collect Personal Information about you, and your use of the Platform, such as:

3.2 Personal Information you provide may be collected from you in a variety of ways, including but not limited to: when you register for the Services; when you interact with the Company electronically or in person; when you provide information to the Company as part of the Services, when you access the Services; and when the Company provides the Services to you.

3.3 Health Information you input or provide to the Platform, such as participant information (including, but not limited to, medical history, age, gender, weight, height, exercise history, past and present medication, and mental health information) or treatment information (including, but not limited to, differential diagnoses and treatment advice; information regarding medicines and contraindications; suggestions about appropriate preventative health screening; suggested improvements on history taking, examination or consideration of diagnostic plans and treatments; and patient information sheets and care plans) that is collected by the Company, and if the AI-Notes & Report Services are used (as defined in the Agreement or the EULA) will be collected by the Text-API and LLM-API (as defined in the Agreement or the EULA) when you use those Services. For more information regarding the terms and conditions of the Text-API and LLM-API, please see clause 5 below.

4.1 The Company may use the Personal Information provided by you to:

4.2 The Company will not disclose the Personal Information you provide, unless it is required, incidental or otherwise related to the primary purpose of providing the Services to you or a third party for which you have consented to by engaging the Services.

4.3 The Company in its sole discretion, may disclose the Personal Information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

4.4 The Company is not liable for how a third party, such as the Text-API or LLM-API uses the Personal Information you input where that Personal Information has been disclosed by you and is not in accordance with this Policy.

5.1 We may disclose your Personal Information to overseas recipients for the purposes outlined in this Policy. By providing us with your Personal Information, you consent to the transfer, storage and processing of your information outside of Australia. The Text-API, LLM-API and payment gateway (the Third Parties) to collect your payments have servers situated around the world. Nevertheless, based on the current Text-API and LLM-API terms and conditions (the Third Party Terms), those Third Parties have servers based overseas including in the United States, the European Union and Australia.

5.2 In accordance with the Third Party Terms as at the date of the publication of this Policy, the Third Party Terms state that they do not permanently store the data which it receives or use that data for other purposes.

5.3 When you use the Text-API or LLM-API, all data that you upload, transmit, post or publish to the Text-API or LLM-API to obtain AI Suggestions, or to modify, adapt, change, create and/or amend the logs or notes, will be received by the Text-API or LLM-API (your Content) and will be subject to the Text-API or LLM-API terms and conditions and the API data usage policies. Notwithstanding that LynqCo has opted-out for the LLM-API to use your Content to train or improve its models at the time of publishing this Privacy Policy, the Text-API or LLM-API may retain your Content for abuse and misuse monitoring purposes.

5.4 If the Third Parties notify us of any change to the location of their respective servers, or make a change to their existing Third Party Terms insofar as they relate to privacy or Personal Information, we will use reasonable endeavours to notify you of those changes within 15 business days of us receiving notice of the changes. At the time of publication of this Policy, we believe that the overseas countries where the Third Parties store their data have privacy laws that are substantially similar to those contained in the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth).

5.5 The Company will monitor and regularly review its practices related to the overseas disclosure of Personal Information to ensure ongoing compliance with this Policy and relevant data protection laws. Any breaches or concerns shall be promptly addressed and remediated.

6.1 It is important that you advise the Company of any changes to any of the Personal Information that you have provided to the Company in your use of the Services as it is essential that the Personal Information is accurate, complete and up-to-date in order for the Company to provide the Services to you.

6.2 The Company uses reasonable technical precautions and has implemented business processes to protect the Personal Information from misuse, loss, unauthorised access, modification and disclosure. However, the Company is not liable for any unauthorised access to, or dissemination of, this information.

6.3 The Company will take all reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for the purposes of providing the Services to you and where the Company is not required to retain that information by law.

7.1 By request, you may contact the Company at support@lynqco.com.au and ask to know what sort of Personal Information is held by the Company in relation to your use of the Services; for what purposes; and how it is collected, held, used and disclosed; and you may also request access to the information held. The Company may charge, in its discretion, a reasonable administration fee for this access.

8.1 You acknowledge that the Company may retain, collect and maintain the Personal Information for statistical internal analysis purposes. You agree that the Company may share, distribute and/or transfer information which you have provided to the Company to third parties, after that information has been de-identified.

8.2 The Company may use cookies. Cookies are very small files used to identify you when you visit our website to understand better your use of the Services. Cookies are not malicious programs that access or damage your computer. The Company uses cookies to improve the experience of people using its Services. If you do not or are unable to accept cookies from the Company, you may not be able to access the full functionality of the website or the Services.

9.1 Sensitive information includes information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

9.2 Sensitive information will be used by the Company only:

10.1 As a valuable customer, if you have any complaints in relation to this Privacy Policy or our privacy practice, please contact the Company at support@lynqco.com.au.

10.2 A complaint should identify whether it is about:

10.3 The Company values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, the Company will respond quickly to advise you of the outcome following its enquiry into the same. You will also be invited to respond to its outcome. If a response is received, the Company will assess it and advise if it has changed its view or outcome. If you are unsatisfied with the final outcome, the Company will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.

12.1 This Policy is available online via www.lynqco.com.au and by clicking the Privacy Policy link located in the Platform. The Company reserves the right to modify or amend this Policy at any time and for any reason, without notification.

12.2 The Company updates this Policy from time to time by posting a new version on the website and in the Platform. You are taken to agree to the Policy from the time the new policy is posted on the website and in the Platform.

13.1 Please contact the Company if you have any questions regarding this Privacy Policy.