Privacy Policy

1. Purpose

This Privacy Policy (Privacy Policy) sets out the kinds of personal information we collect and hold, and how we can collect, use, disclose, secure and store your personal information. This Privacy Policy also tells you how to access and amend your personal information, and how you can make a complaint if you think we have breached our privacy obligations.

By providing information to Falcon Health, you consent to the collection, use and disclosure of the information in the manner described in this Privacy Policy.

If you use or access our website(s) or services (Platforms) and accept our Terms of Use, you will be deemed to have accepted and consented to this Privacy Policy.

We will update this Privacy Policy when our information handling practices change. Updates will be published on our website at www.falconhealth.com.au.

A copy of the latest version of this Privacy Policy is available at www.falconhealth.com.au/privacy-policy.

2. What is personal information?

In general terms, personal information is information or an opinion about an individual that personally identifies the individual either directly or indirectly. Certain forms of personal information, such as health information, which includes information about the nature of an individual’s disability, is considered “sensitive information”.

3. What personal information do we collect?

We collect and hold information which is reasonably necessary for us to provide you with access to Platforms. The extent and type of personal information collected will vary depending on how you interact with us. We may collect personal information for related purposes, but only if you reasonably expect us to, or consent to us doing so.

The personal information we collect about you may include:

• General information about you, including your name, contact details, date of birth
• your age and gender
• your employment and practice details (for example, clinic name, location, specialty)
• details of your professional qualifications and registration details
• details of your next of kin, guardians, representatives, nominees, carers or other third party that supports you, including their name, address and contact details
• your photograph
• your credit card and other payment information
• details about our interactions with you – for example, your membership details, any feedback, complaints, records of correspondence and interactions with our staff.

You do not have to provide us with your personal information and may deal with us anonymously or via a pseudonym. However, if you choose to deal with us on this basis, we may not be able to effectively provide you with our services or otherwise interact with you in connection with your use of our Platforms.

4. Health and Sensitive Information

As a health services platform, Falcon Health may collect health information about you, including information about your physical or mental health, disability, or medical history. Health information is a form of sensitive information under the Privacy Act and is afforded a higher level of protection.

We will only collect sensitive information about you where:

• you have provided your consent;
• collection is required or authorised by or under an Australian law or a court/tribunal order; or
• another exception under the APPs applies.

We collect and use health information for the primary purpose for which it was collected (for example, to facilitate your use of Falcon Health’s clinical tools and services). We will not use or disclose health information for a secondary purpose unless an exception under the APPs applies, such as where you have consented or where the use or disclosure is directly related to the primary purpose and you would reasonably expect such use or disclosure.

We also comply with our obligations under applicable state and territory health privacy legislation, including (where relevant) the Health Records Act 2001 (Vic), the Health Records and Information Privacy Act 2002 (NSW), and similar legislation in other jurisdictions.

5. How do we collect and hold your personal information?

We collect personal information from you when:

• you create an access account on our Platforms
• you fill in details in your user account on our Platforms
• you upload content to our Platforms
• when you access our products or services
• you interact with us in person, electronically or via mail.

We may collect non-identifying information in relation to your use of our website(s) through cookies and other means to monitor and improve our website(s) and services. You may manage or disable non-essential cookies through your browser. We may also collect non-identifying information about your use of the Platforms through self-hosted analytics software.

This information does not personally identify you and is not shared with any third-party analytics providers.

We may also collect personal information about you indirectly from publicly available sources and third parties such as our suppliers and providers, your carer, guardian, legal representative, parent, carer, coordinator or other authorised representative (if you have one).

6. Collection of personal information from third party websites

The Platforms may contain external links to websites operated by third parties. Our Platforms may also use third party technology and sub-processors.

If you access a third party website from our Platforms, your personal information may be collected by that third party website.

We make no representations or warranties in relation to the privacy practices of any third party provider or website and we are not responsible for the privacy policies or the content of any third party provider or website.

You are also advised that there are inherent risks in transmitting information across the internet, including the risk that information sent to or from a website may be intercepted, corrupted or modified by third parties.

7. How do we use personal information?

We will only use your personal information to fulfil the purpose for which it is collected.

These purposes include the following:

• to establish and manage your user account, and enable you to use our Platforms
• to provide services, including the Falcon Health AI tools, software, and clinician features
• to contact you to provide notices, or to respond to your queries
• to undertake an internal investigation following a complaint
• to undertake an action that is required or authorised by law
• to process your payments and subscriptions
• internal administrative purposes, including carrying out analytics, troubleshooting issues, business improvements and reporting
• to conduct analytics and product development
• to maintain Platform security
• to comply with legal and regulatory obligations
• marketing purposes
• to improve and develop our AI models and platform features, using de-identified or aggregated data only
• other administrative functions associated with membership including conducting customer satisfaction, market research surveys, conducting business analysis, organising and managing data, receiving services from third-party organisations, assessing and improving our products, services, systems and engagement strategies.

We will not use your personal information for any other purpose without your consent.

8. How do we disclose your personal information?

We may disclose your personal information to third parties in circumstances where it is fair and reasonable in the circumstances. For example, we may disclose your personal information to our third party service providers, including our IT, marketing and professional service providers and other third-party vendors who assist with payment processing, cloud hosting, email communications and security or analytics, where we determine it is necessary.

We take reasonable steps to ensure that such third parties are bound by confidentiality and privacy obligations.

We may also disclose your personal details where required or authorised by law.

We will not disclose or transfer personal information to overseas recipients. All personal information collected through the Platforms is stored on servers located in Australia.

Where personal information is transmitted over the internet (including between your device and our servers), we use industry-standard encryption protocols, including Transport Layer Security (TLS/SSL), to protect your information in transit. However, no method of electronic transmission is completely secure, and we cannot guarantee the absolute security of information transmitted to or from the Platforms.

The Platforms are intended for use by individuals located in Australia. If you access or use the Platforms from outside Australia, you do so at your own initiative and are solely responsible for compliance with any applicable local laws. By using the Platforms, you consent to the transfer of your personal information to Australia and acknowledge that your personal information will be stored and processed in Australia in accordance with Australian privacy laws.

We will not sell your personal or clinical data to any third party.

The Platforms may in future include features that allow registered users to interact with one another, including referral functionality, correspondence sharing, or community features. Where such features are made available, your personal information (including your name, professional details, and any Health Data you choose to share) may be disclosed to other registered users of the Platforms in connection with your use of those features.

You are responsible for any personal information you disclose to other users through such features. Falcon Health will update this Privacy Policy to reflect any material changes to user-to-user functionality before such features are made available.

9. How do we protect your personal information?

We take steps to protect your personal information, including by encryption, anti-virus software, fire walls, and access restrictions. We also regularly update our storage and data systems and protections.

We will not keep your personal information for longer than we need to. In most cases, this means that we will only retain your personal information for the duration of your relationship with us unless we are required to retain your personal information to comply with legal, regulatory or contractual obligations, after which it is securely deleted or de-identified.

Transcription data generated through the Platforms is retained for the duration of your account. Upon deletion or closure of your account, transcription data will be securely deleted in accordance with this Privacy Policy.

While we employ measures to protect your personal information and data, no internet transmission is completely secure and any information provided online or on our Platforms is at your own risk.

You may request deletion of your account and data at any time. If we are unable to comply, we will explain the lawful basis for our decision.

10. Automated Decision-Making and AI Systems

Falcon Health’s platforms use artificial intelligence (AI) and automated processing tools to deliver our services, including clinical support tools and analytics features. We are committed to transparency about how these systems operate and how they may affect you.

Our AI tools may:

• analyse data you or your clinician inputs to provide clinical suggestions or summaries;
• process usage data to personalise and improve platform features; and
• assist with administrative tasks such as scheduling or documentation.

Our AI tools are intended to support, not replace, clinical judgment. Any outputs generated by AI tools within the Platforms are not a substitute for professional medical advice and should be reviewed by a qualified clinician before any clinical decision is made.

When you use the transcription features of the Platforms, the Platforms will access your device microphone to record the ambient consultation between you and your patient. The audio is processed to produce a transcription, which is stored by Falcon Health. The audio recording itself is not retained after transcription is complete. You are responsible for ensuring patients are informed of and consent to this recording in accordance with applicable professional and legal requirements.

We do not use fully automated decision-making processes that produce legal or similarly significant effects about individuals without human oversight. Where AI-assisted recommendations are used in a clinical context, a qualified practitioner is responsible for reviewing and acting on that information.

We take steps to ensure that our AI systems are developed and used in accordance with applicable privacy laws and ethical AI principles. We do not use your personal information to train external AI models without your consent.

11. Data Breaches

Falcon Health is subject to the Notifiable Data Breaches (NDB) scheme under Part IIIC of the Privacy Act. Under the NDB scheme, we are required to notify both affected individuals and the Office of the Australian Information Commissioner (OAIC) when an eligible data breach occurs.

An eligible data breach occurs when:

• there is unauthorised access to, unauthorised disclosure of, or loss of, personal information we hold;
• this is likely to result in serious harm to one or more individuals; and
• we have not been able to prevent the likely risk of serious harm through remedial action.

If we have reasonable grounds to suspect an eligible data breach may have occurred, we will conduct an assessment within 30 days. If the assessment confirms an eligible data breach, we will:

• notify the OAIC by lodging a statement as soon as practicable;
• notify affected individuals (or, where impracticable, publish a notice on our website) as soon as practicable after notifying the OAIC; and
• provide affected individuals with details of the breach, the type of personal information involved, the likely consequences, and the steps we recommend they take to protect themselves.

If you believe your personal information may have been compromised, please contact us immediately at:

Falcon Health Pty Ltd, Level 14, 275 Alfred St, North Sydney NSW 2060

12. Business Transfers

If Falcon Health undergoes a merger, acquisition, restructure or sale of all or substantially all of its assets, your personal information may form part of the transferred assets. In such circumstances, we will take reasonable steps to ensure that the receiving entity is bound by obligations no less protective than those set out in this Privacy Policy, and we will notify you of any such transfer in accordance with applicable law.

13. Children’s Privacy

The Platforms are intended for use by registered health practitioners and are not directed at individuals under the age of 18. We do not knowingly collect personal information from children or minors. If you become aware that a person under 18 has provided us with personal information without appropriate consent, please contact us immediately and we will take reasonable steps to delete that information.

14. Accessing and correcting your personal information

You may access the Personal Information we hold about you and to update and/or correct it.

You can either do this directly by updating your user account, or by contacting us admin@falconhealth.com.au. We will respond to you as soon as practicable, and if there is a delay we will advise you in writing.

15. Privacy Policy Complaints and Enquiries

We take privacy complaints seriously. If you believe we have breached your privacy or not complied with the APPs, please contact us in the first instance:

Privacy Officer, Falcon Health Aust Pty Ltd
Falcon Health Pty Ltd, Level 14, 275 Alfred St, North Sydney NSW 2060
Email: admin@falconhealth.com.au

We will acknowledge receipt of your complaint within [5] business days and aim to resolve it within 30 days. If additional time is required, we will keep you informed of our progress.

If you are not satisfied with our response, or if we have not responded within 30 days, you may escalate your complaint to the Office of the Australian Information Commissioner (OAIC):

Office of the Australian Information Commissioner (OAIC)
Website: www.oaic.gov.au
Phone: 1300 363 992
Post: GPO Box 5218, Sydney NSW 2001