Pantonic Health
COVID-19 Testing App
 
App User Terms of Use and Privacy Statement
 
Terms of Use
  1. This App is provided by Arrotex Pharmaceuticals Pty Ltd (ACN 605 552 234) and Pantonic Pty Ltd (ACN 647 861 701) jointly (App Providers or We or Us).
  2. We grant You a license to access and use the App, and in consideration, You agree to these Terms and, to the extent permitted under Our arrangements with Your employer, school or other organisation, You grant us rights in the information that you input into the App (Data) so that we may de-identify the Data and use such de-identified Data for the following purpose:
    1. for purposes of research;
    2. for the public benefit; or
    3. Our own internal commercial analytical purposes, including creating forecasts of the number of COVID-19 Rapid Antigen test that may be required to supply in the future.
  3. We will not sell the Data and will deal with Your Personal Information in the manner set out in the Privacy Statement below.
  4. You agree for the purposes of the App, You must ensure the result of each Test you take
    1. is recorded; and
    2. recorded accurately and not falsified,
  5. Subject to clauses 6 and 7, You waive all rights You have or may have in respect of any claim or loss resulting from or connected with the provision of this App, and any condition, warranty or guarantee implied by law is excluded from these Terms of Use, and the liability for a breach of any Statutory Guarantee is limited to the full extent permitted by law. For the purposes of this clause and clauses 6 and 7, Statutory Guarantee means any rights You may have under the Australian Consumer Law, including those outlined in clause 6.
  6. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled to cancel Your service contract with us. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure You are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel Your contract and obtain a refund for the unused portion of the contract. Please contact Us on 03 5975 1495 or at enquiries@pantonichealth.com at Your expense within a reasonable time if You wish to make a claim in respect of Your Statutory Guarantee so that We may investigate Your claim. If the claim is valid, We will honour the Statutory Guarantee relating to services in the manner described above. The benefits to the consumer given by this warranty are in addition to any other rights and remedies of the consumer under a law in relation to the goods or services to which the warranty relates.
  7. Nothing in these terms excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, the application or Your exercise of the Statutory Guarantees or any liability of Us for failing to satisfy the Statutory Guarantees in connection with the provision of the Application to You.
  8. If any provision of these Terms is to any extent invalid, illegal or unenforceable, that portion of the provision causing the provision to be invalid, illegal or unenforceable is severed and the validity, legality, and enforceability of the remaining provision (and any application of the said provisions) will not in any way be affected or impaired.
  9. No failure or delay on the part of any of party relating to the exercise of a right, power, privilege or remedy provided under these Terms operates as a waiver of that right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party. No single or partial exercise of any right, power, privilege or remedy precludes any other or further exercise of that or any other right, power, privilege or remedy provided in these Terms, all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to a party, at law or in equity.
  10. We reserve the right to update these Terms by posting any updates to the App and your further use of the App constitutes your agreement to any such updates to these Terms.
  11. These Terms are governed by the laws of the State of Victoria. The courts of Victoria have exclusive jurisdiction for all matters, issues or disputes arising out of or otherwise connected with the use of the Application.
Privacy Statement
Use of this App involves collection of Personal Information, including Health Information.
 
This Privacy Statement is intended to function as a Privacy Collection Statement and a Privacy Policy for the App Providers jointly.
 
Definitions
 
Personal Information generally means information or opinions about an individual who is reasonably identifiable from that information. Personal Information includes Health Information.
 
Health Information includes information or opinions about the health of a person or health services provided to them.
 
You means the person whose Personal Information is being entered onto this App or, for persons who are unable to consent due to a disability or being under age, that person together with the person who enters that information on behalf of the person whose information is being entered onto this App, and Your has a corresponding meaning.
 
Collection, Disclosure and Consent
 
Use of this App involves the collection Your Personal Information including Health Information and generally involves collection of Your name, Your age, Your school, employer or other organisation, Your contact details and Your test result (Your Information). Your Information is collected through the App and is stored electronically by the App Providers.
 
This information is used to assist the Department of Health in your State or Territory to control the spread of Covid-19 (Purpose) and Your Information may be disclosed to the Department of Health. For further information on how the Department of Health deals with Your Information You should review its privacy policy on its website or contact the Department.
 
Your Information will be accessible to Your school, employer or other organisation for the Purpose and to determine compliance with its COVID-19 risk management requirements and any applicable government directions and public health orders. For further information on how Your school, employer or other organisation deals with Your Information, You should review its privacy policy on its website or intranet site (as applicable).
 
Your Information will not be disclosed by Us overseas.
 
By proceeding to use this App You consent to the collection, storage, use and disclosure of Your Information in the manner described in this Privacy Statement. In the unlikely event it is found that We have not validly obtained Your consent, We rely on Australian Privacy Principle 3.4(b) as the basis for the collection, storage, use and disclosure of Your Information.
 
If We do not collect Your Information, other than for Your personal knowledge, the purpose for undergoing the Rapid Antigen Test will be redundant and, other than for yourself and those you directly advise, it will be as though You had not taken a Rapid Antigen Test, including for the purpose of any compliance requirement required by the Department of Health or other requirement.
 
Storage and Security of Personal Information
 
The App Providers will take commercially reasonable steps to keep secure all Personal Information from misuse, interference, loss and unauthorised access. However, We cannot guarantee that third parties will never be able to defeat our security measures or use Your Information for improper purposes; for example, We do not control or monitor web sites to which We may provide a link. This Privacy Statement does not apply to third party web sites.
 
Personal Information is stored on secure servers that are protected in controlled facilities, or in hardcopy paper records stored in secure access facilities. The App Providers require their employees and data processors to protect the confidentiality of any Personal Information held by Us. Your Personal Information is also “Health Information” and we are required by legislation in most of the States and Territories to retain such information for a period of time. In most of the States and Territories we operate in, this will generally be at least 7 years from the date the last health services was provided for adults, and for individuals under the age of 18 years, until that individual has reached the age of 25 years.
 
Accessing Your Information
 
If at any time You want to update or know what Personal Information We hold, You are welcome to access Your record by contacting Us using the details set out below. Your information will generally be made available to You within 30 days of receiving Your request.
 
If You make such a request, You will be asked for identification so that We can verify Your identity before providing You with Your Information. If You require Your Information to be presented in an alternative format, We will make reasonable efforts to accommodate You. If there is an associated charge to Us in order to retrieve Your Information, We will advise You of the charges that You would be responsible for and obtain Your authorisation before proceeding.
 
We may not be able to give You access to Personal Information where such access would result in disclosure of other individuals’ Personal Information, would result in a breach of a contract, or would result in disclosure of trade secrets or other proprietary business information belonging to the App Providers or a third party.
 
The App Providers reserve the right to not provide access to individuals if the request for access is frivolous or vexatious, or falls into another relevant exception category, and We may impose reasonable charges for such access.
 
Amending or deleting Your Information
 
The App Providers will take reasonable steps to ensure Personal Information is accurate, up-to-date and complete and notify You of any such changes. If You wish to update Your Information, please contact Us to amend Your record accordingly. Please note We cannot alter medical information generated as part of a clinical trial or study.
 
If You wish to have Your Information deleted, please contact Us and We will take all reasonable steps to delete it. In circumstances where We are required to retain Personal Information, We may not be able to delete Your Information. Such circumstances may include, for example, where We are required to retain Personal Information by law or regulation, to continue to manage certain programs, to conduct clinical trials, to defend legal claims, or for certain necessary business purposes.
 
Contact Us
 
Please contact Us if You have a complaint regarding the App Providers’ compliance with this Privacy Statement or any applicable privacy laws. The App Providers will consider and respond to a complaint within a reasonable time frame. In addition, please contact Us if You wish to discuss any privacy issues, have any concerns regarding Your Information.
 
You can contact the App Providers through the following means:
 
By Post:
Arrotex Pharmaceuticals Pty Ltd
Attn: Privacy Officer
15–17 Chapel Street
Cremorne VIC 3121
 
By e-mail: privacy@arrotex.com.au (and specifying in the subject line “Privacy”)
 
By phone: 1300 927 769
 
Should there be a discrepancy between this Privacy Statement and the applicable legislation at any time, the applicable legislation at that time will prevail.