The AST Edit (2)

INTRODUCTION

Device Technologies is committed to safeguarding your privacy and the confidentiality of your personal information.

This Privacy Policy explains how we handle and protect personal information. It also explains the ways in which an individual can contact us to request access, to correct its personal information and complain about a breach of privacy.

In this policy, Device Technologies means Device Technologies Australia Pty Ltd, its associated entities, related bodies corporate.

Personal information is information that identifies you or could reasonably identify an individual, such as name, contact details and records of dealings with Device Technologies.

Sensitive information is a type of personal information which may include, amongst other things, information regarding a person’s criminal record, mental and health information and racial or ethnic origin.

By providing personal or sensitive information to us or by using this website, you agree to the terms and conditions of this Privacy Policy.
COLLECTION OF PERSONAL INFORMATION

Device Technologies collects personal information that is reasonably necessary for or directly related to our functions and activities as a provider of medical devices. In some cases we are required by the Therapeutic Goods Act 1989 (Cth) to collect personal information in order to comply with our legal and regulatory obligations such as responding to safety concerns about our products.

Device Technologies will only collect personal information to the extent required to carry on its business, and only for the purposes set out in this Privacy Policy, unless notified to you at the time of collection. Device Technologies may collect personal information about you through our interactions with you and we will inform you about the purpose and use of the collected information.

The personal information we collect may include your name, address, date of birth, email address and phone number. At times where reasonably necessary for a legitimate business purpose, information collected may include sensitive information such as health and medical procedure information.

Device Technologies collects your personal information through our interaction with you in the course of providing a product or service or when you have other dealings with us. For example, your personal information will be collected when you communicate with us by telephone, email, online or when receiving technical and customer support.

Device Technologies may collect information about you from third parties such as credit reporting bodies or other similar entities.

Some information may also be collected passively as you navigate through our websites, such as information about your computer hardware and software that is automatically collected by Device Technologies, including your IP address, browser type, domain names, access times and referring website addresses. This information is used by Device Technologies for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Device Technologies website. See also the section titled 'USE OF COOKIES’
USE AND DISCLOSURE OF PERSONAL INFORMATION

Device Technologies will use your personal information for the purpose for which it is collected as outlined in this policy or otherwise disclosed to you at the time of collection, which generally includes the following purposes:
- For our everyday business operations and to interact and carry out transactions with you or your organisation;
- in the course of the sale, distribution or provision of medical devices;
- in the course of support service to those medical devices;
- to respond to your inquiries and requests providing you information regarding our products and services via email alerts, SMS or post;
- for the purposes of upcoming conferences and other scientific and educational programs;
- any required financial disclosure reporting;
- for business records keeping purposes as required by any applicable laws or internal business policies;
- for any employment related purposes;
- for internal business purposes such as improving our products and services offerings including and providing you with offerings about products and services that may be of interest to you including mobile computing applications;
- to provide you with access to online social media resources which we may offer from time to time;
- for compliance with regulatory requirements, such as maintaining a record of medical queries, complaints, adverse events and recalls relating to our products;
- any purpose to which you provided an express consent; and
- any purpose required and permitted by law.
Device Technologies may disclose your personal information to third parties (including overseas parties) to enable its provision of products and services, including:
- manufacturers of products supplied to you;
- professional advisers, including lawyers, insurers, financial institutions, accountants and auditors
- third party service providers such as website hosting and moderating, IT services, mobile application hosting, data analysis, e-mail and direct mail delivery services, payment and credit card processing, and other such services; and
- Government, regulatory and law enforcement authorities.
CROSS BORDER TRANSFER

Device Technologies may transfer personal information to countries outside Australia on the basis of a genuine business need, for example:
- to our overseas suppliers and product manufacturers for product placement, complaint resolution and technical servicing requirements including where in the event a software requires repair or servicing and it is impossible to separate personal information from the software;
- to selected third parties to provide Device Technologies with support services such as database IT support, where from time to time such third parties may access your personal information to enable them to provide those services to Device Technologies; and
- information to countries outside Australia in the course of electronic data storage, transmission and management.
Device Technologies will ensure that the use and disclosure of personal information oversees is done in compliance with applicable Australian data protection and privacy laws.

Device Technologies will not sell your personal information to any third party for any purpose.
USE OF COOKIES

A cookie is a small text file that is placed on your computer’s hard disk by a Web page server. Cookies record information about your visit, including the type of browser and operating system you use, previous sites visited and your server’s IP address. The Device Technologies’ websites use cookies to recall such information on subsequent visits. Device Technologies does not use cookies to record any of your personal information. If you do not wish to use a cookie, you can adjust your browser settings to reject cookies or notify you when they are being used.

Device Technologies also uses pixel tags (which are similar to cookies) to monitor the open rate of our communications, they are used to determine whether certain promotional or commercial emails we send to you are opened. This helps us understand the effectiveness of communications we send.
STORAGE AND SECURITY OF PERSONAL INFORMATION

Device Technologies stores personal information in a combination of secure computer storage facilities, paper based facilities and other records including cloud storage. If you have registered on our website or have requested information via our websites, we store your personal information in databases and email servers.

We will endeavour to take all reasonable precautions to maintain the security of the information in our systems. Device Technologies uses a variety of security technologies and procedures to help protect your personal information from unauthorised access, use or disclosure. Device Technologies secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Unfortunately, no method of safeguarding information is 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting our Privacy Officer using the details below.
OPTING-OUT

If you wish do not wish to continue receiving marketing communications from Device Technologies, please use the unsubscribe facility on the bottom of the company’s emails, or contact our Privacy Officer using the details below.
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

Subject to some exceptions contained in the Privacy Act, you may review, correct, update, or delete the personal information we hold about you by contacting our Privacy Officer using the details below. We will comply with your request as soon as reasonably practicable.
PRIVACY COMPLAINTS

If you wish to complain about our handling of your personal information, please contact our Privacy Officer using the details below.

We will investigate all complaints and respond to you as soon as practicable. If you believe your complaint has not been satisfactorily resolved, you may lodge a complaint with the Federal Privacy Commissioner. For more information on privacy, you can contact the Office of the Australian Information Commissioner’s (OAIC's) hotline service on 1300 363 992 or visit the OAIC 's website at www.oaic.gov.au.
CONTACT OUR PRIVACY OFFICER

If you have a privacy complaint or wish to review, correct, update, or delete the personal information that we hold about you, please contact our Privacy Officer using the following details:

Email: privacy@device.com.au
Phone: 02 9975 5755
Address: The Privacy Officer
Device Technologies Australia Pty Ltd
1 Garigal Rd,
Belrose NSW 2085
UPDATES TO THIS PRIVACY POLICY

Device Technologies may from time to time update this Privacy Policy. Device Technologies encourages you to periodically review this policy to be informed of how Device Technologies is protecting your information. When such a change is made, we will update the “Last Updated” date above.

TERMS AND CONDITIONS OF SALE

1. INTERPRETATION

In these Terms:

(a) Buyer means the buyer of the Goods specified in the Purchase Order.

(b) Business Day means a day in which banks are open for business in Melbourne, Victoria and specifically excludes Saturdays, Sundays and Public Holidays.

(d) Goods means the product(s) and, if any, services supplied by the Seller which are specified in a Purchase Order.

(e) Purchase Order means an order form provided by the Seller and completed by the Buyer for the acquisition by the Buyer of the Seller’s Goods.

(f) Seller means Advanced Skin Technology Pty Ltd (ACN 007 203 447).

(g) Terms means these terms and conditions of sale as amended by the Seller, at their sole and exclusive discretion, from time to time.

(h) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act (2010)) and which by law cannot be excluded, restricted or modified.

2. GENERAL

2.1 The Goods sold by the Seller are done so on these Terms.

2.2 These Terms may only be waived or varied in writing and signed by an authorised representative of the Seller.

2.3 In the event of any inconsistency between these Terms and a Purchase Order including any terms imposed by a Buyer on a Purchase Order, these Terms govern in all regards and the inconsistency is to be read down and deemed to be void and of no force and effect.

3. CONDITION OF SUPPLY OF GOODS

3.1 The Buyer acknowledges and agrees that the Buyer must:

(a) have executed these terms and conditions (including any amendments) before any Goods may be sold by the Seller to the Buyer;

(b) only supply the Goods to its customers within Australia and New Zealand;

(c) not, either directly or indirectly, sell the Goods to any individual agent or retail agent situated outside of Australia or New Zealand;

(d) not exhibit or sell any Goods at any area outside the Buyer’s business premises;

(e) not sell any Goods which are testers or displays; and

(f) not sell any Goods online unless through a unique customer login.

3.2 This agreement may be terminated by either party by providing the other party with 30 days written notice.

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4. ORDER PROCESS

4.1 The Seller will provide to the Buyer a price list with the prices for the Goods accessible by the Buyer and the recommended retail prices of the Goods including GST (Price List).

4.2 The Buyer may place an order for the Goods (Purchase Order) by telephone or email on the details below:

Telephone (during business hours): AUS 1800 648 851

Email: customerservice@advskin.com.au

The Buyer may also register the Purchase Order on the Seller’s website at www.advancedskin.com.au

4.3 The Buyer must allow five (5) Business Days for the Seller to receive, consider and process a Purchase Order.

4.4 The Buyer agrees that all orders for Goods will incur a handling and/or freight fee as detailed on the Price List which is payable by the Buyer at the time payment is due for the Goods.

5. SUB-DISTRIBUTION OF GOODS

5.1 Goods are sold to the Buyer on the strict and unequivocal understanding by the Buyer that the Goods may only be sold to clients or patients of the Buyer’s clinic(s) or practice(s).

5.2 The Buyer is strictly prohibited from distributing the Goods in any other way whatsoever including but not limited to any form of sub-distribution.

6. DRAWINGS, ETC

6.1 All specifications, drawings and particulars of weights and dimensions submitted to the Buyer for promotional or marketing use are approximate only and any deviation from any of these things does not vitiate any contract with the Seller or form grounds for any claim against the Seller.

6.2 Except as referred to in 6.1, the descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or of the description applied to the Goods.

6.3 Where specifications, drawings or other particulars are supplied by the Buyer, the Seller’s price is made on estimates of quantities required. If there are any adjustments in quantities above or below the quantities estimated by the Seller then any such increase or decrease will be adjusted on a unit rate basis according to unit prices set out in the Price List.

7. DELIVERY

7.1 The delivery times made known to the Buyer by the Seller upon placement of a Purchase Order are estimates only and the Seller is not liable for late delivery or non-delivery as a result of factors outside the reasonable control of the Seller.

7.2 The Seller is not liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery or late installation of the Goods.

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7.3 For any non-delivery that is the fault of the Seller, the Seller will re-deliver the Goods or arrange delivery of replacement Goods as soon as practicable.

7.4 The Seller may at its option deliver the Goods to the Buyer in any number of instalments unless there is an agreement in writing agreed to by the Seller to the effect that the Buyer will not take delivery by instalments.

7.5 The Buyer agrees that if it alleges it has a claim for loss or damage or shortage of Goods delivered to the Buyer by instalments, the Buyer must submit a claim to the Seller in accordance with clause 9.

8. PASSING OF RISK

8.1 Risk in the Goods passes to the Buyer upon the earlier of:

(a) delivery of the Goods to the Buyer; or

(b) collection of the Goods from the Seller or any bailee or agent of the Seller by the Buyer and/or the Buyer’s agent, carrier or courier.

9. LOSS OR DAMAGE OR SHORTAGE OF GOODS IN TRANSIT

9.1 The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind by any person outside the reasonable control of the Seller.

9.2 The Buyer must notify the Seller in writing of loss or damage or shortage of Goods, within five (5) Business Days of the date of receipt of the Goods. If any Goods received by the Buyer are different to the Goods specified on a Purchase Order, the Buyer must notify the Seller within five (5) Business Days of the date of receipt of the Goods.

9.3 Provided the Buyer has notified the Seller in accordance with 9.2 above, and the Seller is satisfied that the Buyer has submitted a genuine claim, the Seller will replace the Goods which have been damaged or lost or the Goods which are different to the Goods specified on a Purchase Order with the Goods specified on the Purchase Order.

9.4 The Buyer waives any claim for loss or damage or shortage of Goods or for Goods which are different to the Goods specified on a Purchase Order, if the Buyer fails to notify the Seller within the period specified in 9.2 above.

10. SENSITIVITY TO THE GOODS

10.1 If a customer of the Buyer claims to be sensitive to the Goods, the Buyer acknowledges and agrees that:

(a) The Buyer will advise their customer to discontinue using the Goods immediately;

(b) The Buyer will promptly provide to the Seller in writing, a full description of the claim made by their customer, including the customer’s contact detail, including but not limited to the customer’s full name, address and phone number (“the Customer’s Claim”);

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(c) Upon the Seller receiving the Customer’s Claim from the Buyer, the Seller will investigate the Customer’s claim and determine what, if any, course of action is appropriate, in the Seller’s sole discretion.

11. WARRANTY AGAINST DEFECTS

11.1 The Seller warrants against defects in its Goods however such warranty is limited to the extent of the manufacturer’s factory warranty as provided in writing with the Goods.

11.2 Clause 11.1 will be operative so long as:

(a) Defects have arisen solely from faulty materials or workmanship in relation to the Goods;

(b) The Goods have not received maltreatment, inattention or interference by the Buyer which has caused or contributed to the alleged defect;

(c) Accessories of any kind used by the Buyer in conjunction with the Goods are manufactured by or approved by the Seller if the Seller is otherwise entitled to assert that such have contributed to or caused the alleged defect; and

(d) The defective Goods are promptly returned at the Buyer’s cost to the Seller with a defects claim, as further explained below.

11.3 Further to clause 11.2, the Seller has no liability to remedy any defects in Goods or replace Goods where the damage arose from:

(a) Improper use by the Buyer;

(b) The use of accessories including consumables, which were not manufactured by or approved in writing in advance by the Seller;

(d) Any modifications of the Goods which were not authorised in writing by the Seller;

(e) Any misuse of the Goods by the Buyer or anyone for whom the Buyer has a legal responsibility (including a minor);

(f) Any use or operation of the Goods outside of the physical or environmental specifications of the Goods;

(g) Inadequate or incorrect skin consultation between the Buyer and the Buyer’s customer;

(h) Inadequate or improper maintenance of the Goods; or

(i) Fair wear and tear of the Goods.

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11.4 The Seller is not liable for and the Buyer releases the Seller from any claims in respect of faulty or defective design of any Goods supplied unless such design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller’s liability under this paragraph is limited strictly to the replacement of any defective Goods in accordance 12.1 (b) of these conditions.

11.5 Except as provided for in these conditions and under the Competition and Consumer Act (2010), all express and implied warranties, guarantees and conditions, under statute or general law, as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded and disclaimed to the fullest extent permissible at law. The Seller disclaims liability for physical or financial injury, and loss or damage arising from the Goods to the fullest extent permissible at law.

11.6 The Seller advises as follows:

(a) The Goods come with guarantees that cannot be excluded under the Australian Consumer Law.

(b) The Buyer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage, subject to the further provisions of this clause 11.

(c) The Buyer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

12. SELLER’S LIABILITY

12.1 The Seller’s liability for a breach of a condition or warranty implied by or contained in the Competition and Consumer Act (2010) is limited to:

(a) in the case of Goods, any one or more of the following at the Seller’s sole and exclusive discretion:

(i) The replacement of the Goods or the supply of equivalent Goods;

(ii) The repair of the Goods;

(iii) The payment of the cost of replacing the Goods or of acquiring equivalent Goods;

(iv) The payment of the cost of having the Goods repaired; or

(b) in the case of services, at the Seller’s sole and exclusive discretion:

(i) The supplying of the services again; or

(ii) The payment of the cost of having the services supplied again;

12.2 In order for the Buyer to make a claim under the warranty against defects as contained in clause 11, the Buyer must notify the Seller in writing as to the alleged claim (a Defect Claim) and must include with the Defect Claim the Good(s) which are the subject of the alleged Defect Claim.

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12.3 The Defect Claim along with the Good(s) must be posted to the Seller (the provider of the warranty against defects) to the following address and at the Buyer’s cost:

Advanced Skin Technology Pty Ltd

Unit 8 Keysborough Close

Fiveways Business Centre

Keysborough VIC 3173

Attn: Customer Service

For further information, the Seller may also be contacted by telephone on (03) 8769 0800 and by email at customerservice@advskin.com.au

12.4 In the event the Seller determines a Buyer’s Defect Claim is valid, in addition to any remedy the Seller agrees to provide the Buyer in accordance with the provisions in these conditions and in accordance with the Competition and Consumer Act (2010), the Seller agrees to reimburse the Buyer for the Buyer’s reasonable shipping costs incurred in returning the Good(s) to the Seller with the Buyer’s Defect Claim.

13. PRICES

13.1 Unless otherwise stated all prices quoted by the Seller on the Price List are net, exclusive of Goods and Services Tax (GST) and the Buyer agrees to pay to the Seller any GST in addition to the price.

14. PAYMENT

14.1 The purchase price in relation to Goods is payable in accordance with the terms of account agreed between the Buyer and the Seller and in default of any such agreement is payable by the Buyer to the Seller in full immediately upon notice by the Seller that the Goods are ready for delivery.

14.2 Any payment by the Buyer to the Seller for the Goods supplied may be made by cash, credit card (MasterCard or Visa) or direct deposit from the Buyer’s bank account.

14.3 If payment by the Buyer to the Seller is made by direct deposit and/or internet banking facilities:

Any payment should be deposited to the following account (unless the Seller nominates another account in writing):

Account holder: Advanced Skin Technology Pty Ltd

Bank: Westpac

BSB no: 033380

Account no: 454274

A copy of the deposit slip with the Seller’s account number clearly printed must be sent to the Seller by email or by another mode of delivery directed by the Seller in writing. Page 7 of 10

15. RIGHTS IN RELATION TO GOODS

15.1 The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid:

(a) Ownership of the Goods;

(b) To enter the Buyer’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and

15.2 If the Buyer has not paid the Seller for the Goods, the Seller shall be entitled to maintain an action against the Buyer for the purchase price of the Goods and any risk in the Goods will pass to the Buyer upon delivery.

16. BUYER’S PROPERTY

16.1 Any property of the Buyer under the Seller’s possession, custody or control is completely at the Buyer’s risk with regards to loss or damage caused by or to the property.

17. RETURNED GOODS

17.1 The Seller is not under any duty to accept Goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case.

17.2 If the Seller agrees to accept returned Goods from the Buyer under 17.1, the Buyer must return the Goods to the Seller at the Seller’s place of business and on such terms as shall be agreed between the Buyer and the Seller.

18. GOODS SOLD

18.1 All Goods to be supplied by the Seller to the Buyer will be as described on the Purchase Order agreed by the Seller and the Buyer.

18.2 If the description on the Purchase Order is modified, it must be as agreed between the Seller and the Buyer. This modification will then prevail over all other descriptions including any specification or enquiry of the Buyer.

19. INDEMNITY

19.1 The Buyer indemnifies on a continuing basis and on a full indemnity basis the Seller from and against any liability, loss, expense or demand, including legal costs on a solicitor/client basis, for or arising from any false, misleading or deceptive representation or statement made by the Buyer in respect of the Goods to any person. This indemnity survives termination of this agreement by either party for any reason.

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20. EXCLUSION OF REPRESENTATIONS AND ARRANGEMENTS

20.1 These terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods or any part of the Goods including, but not limited to, those relating to the performance of the Goods or any part of the Goods or the results that ought to be expected from using the Goods.

21. NO WAIVER

21.1 The failure of any party to enforce the provisions of this agreement or to exercise any rights expressed in this agreement is not to be a waiver of such provisions or rights and does not affect the enforcement of this agreement.

22. FORCE MAJEURE

22.1 If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Seller, the Seller is unable to perform in whole or part any obligation under this agreement, the Seller is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and is not liable to the Buyer in respect of such inability.

23. BUYER ACKNOWLEDGEMENT

23.1 The Buyer acknowledges that the above provisions of these Terms are reasonable and reflected in the price and the Buyer accepts the risks of the Buyer associated with these Terms and/or shall insure accordingly.

24. PLACE OF CONTRACT

24.1 The contract for sale of the goods is made in the State of Victoria.

24.2 The parties submit all disputes arising between them to the courts of the State of Victoria and any court competent to hear appeals from those courts of first instance.

25. GUARANTEE

25.1 If the Buyer is a Corporation, by signing this document and/or submitting any Purchase Order, the directors of the Corporation acknowledge and agree;

(a) To be jointly and severally liable for the due payment of all Goods delivered to the Buyer and for any costs incurred by the Seller to enforce the Buyer’s obligation for the due payment of any Goods; and

(b) To secure the payment of Goods by the Buyer or any costs incurred by the Seller to enforce the Buyer’s obligation for the payment of Goods, the Seller is entitled to claim an interest on any property (real or personal) which may be owned by any director of the Corporation and may lodge a Caveat on any real property owned by any director of the Corporation; or

(c) If the Seller requests a charge over the assets of the Corporation, the Buyer will deliver a duly executed charge over the assets of the Corporation in favour of the Seller.

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26. ASSIGNEE OR SUCCESSOR OF THE BUYER

26.1 If the Buyer is a Corporation these terms and conditions will bind any successor or assignee of the Corporation.

26.2 The Buyer is prohibited from assigning these Terms without the prior written consent of the Seller which consent may be withheld by the Seller at its sole discretion.

27. TRADE MARK AND COPYRIGHT

27.1 The Buyer may not make any claims in the name of the Seller on any intellectual property of the Seller including copyright and trade marks.

27.2 The Buyer may only use images of the Goods in the manner directed by the Seller and for the purposes of marketing the Goods to its customers.

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INTRODUCTION

COLLECTION OF PERSONAL INFORMATION

USE AND DISCLOSURE OF PERSONAL INFORMATION

CROSS BORDER TRANSFER

USE OF COOKIES

STORAGE AND SECURITY OF PERSONAL INFORMATION

OPTING-OUT

ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

PRIVACY COMPLAINTS

CONTACT OUR PRIVACY OFFICER

UPDATES TO THIS PRIVACY POLICY