Privacy Policy

Part 1 Operation and Dictionary

1. Operation

(a) This Privacy Policy Should be read together with the balance of the Agreement.
(b) The Care Recipient should read the Privacy Policy and the balance of the Agreement carefully. If the Care Recipient does not agree to the Agreement, the Care Recipient should immediately notify LingCare.

2. Dictionary
In this Privacy Policy, the following terms have the following meanings:

TermDefinition
External Disclosure
Countries
China, Malaysia, United States
Personal InformationAll information regarding the Care Recipient howsoever provided and whenever provided as updated from time to time.
Privacy ContactAttention: Privacy Officer/ Legal Counsel
LingCare Pty Ltd
497-499 South Road
ASHFORD SA 5035
Email: william.chau@lingcare.com.au
Privacy PolicyThis Privacy Policy

and otherwise, words defined in the Agreement have the meaning given to them in the
Agreement.

Part 2 Background

3. Background

(a) LingCare is committed to respecting the Care Recipient’s privacy.
(b) This Privacy Policy sets out how LingCare collects, uses, stores and discloses Personal Information.
(c) By providing Personal Information to LingCare, the Care Recipient consents to LingCare collecting, using and disclosing of Personal Information in accordance with this Privacy Policy and any other arrangements that apply between us.

4. Information Collected
(a) Personal Information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information.
(b) LingCare may also collect the following types of Personal Information:

  • (i) name;
  • (ii) residential address;
  • (iii) mailing or street address;
  • (iv) email address;
  • (v) telephone number and other contact details;
  • (vi) age or date of birth;
  • (vii) credit card information;
  • (viii) medical information;
  • (ix) records and information of all meetings, conversations, discussions with the Care Recipient;
  • (x) records, reports and information of all attendances LingCare has had with the Care Recipient (including in the course of providing Care Services);
  • (xi) your device ID, device type, geo-location information, computer and connection
    information, statistics on page views, traffic to and from the sites, ad data, IP
    address and standard web log information;
  • (xii) details of the products and services LingCare has provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
  • (xiii) any additional information relating to you that you provide to us;
  • (xiv) information you provide to us through surveys; or
  • (xv) any other Personal Information that may be required in order to facilitate your
    dealings with us.

(c) LingCare may collect these types of Personal Information either directly from you, or from third parties. LingCare may collect this information when you:

  • (i) request Care Services
  • (ii) register on our website or use our website;
  • (iii) communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites; or
  • (iv) interact with our sites, services, content and advertising

Part 3 Using your Personal Information

5. Using your Personal Information

(a) Lingcare may collect, hold, use and disclose Personal Information for the following
purposes:

  • (i) to enable the Care Recipient to use the Care Services;
  • (ii) to enable LingCare to provide the Care Services;
  • (iii) to operate, protect, improve and optimise the provision of Care Services generally, LingCare’s business and our other care recipients’ experience, such as to perform analytics, conduct research and for advertising and marketing;
  • (iv) to send the Care Recipient service, support and administrative messages,
    reminders, technical notices, updates, alerts, and information requested by him or her;
  • (v) to administer surveys or other promotional activities or events sponsored or managed by LingCare; or
  • (vi) to comply with LingCare’s legal obligations, resolve any disputes that LingCare may have with care recipients, and enforce LingCare’s agreements.

(b) LingCare may also disclose Personal Information to the following third parties:

  • (i) the Advocate (if any) for the purposes set out in the Agreement;
  • (ii) the Authorised Person for the purposes set out in the Agreement;
  • (iii) LingCare’s representatives for the same purposes as LingCare might use that information itself;
  • (iv) the Care Recipients doctors, dentists, health professionals, pharmacists and other allied health practitioners for the purposes of providing the Care Services; or
  • (v) by uploading it to the myagedcare.gov.au website as required by its operating
    practices and by government policies.

(c) Please note that, because LingCare does not control those third parties, LingCare cannot control access to that information once it is in the third parties’ control.

6. Disclosure

LingCare may also disclose Personal Information for the purposes described in this privacy policy to:

  • (a) LingCare’s Representatives;
  • (b) LingCare’s suppliers and service providers (including providers for the operation of LingCare’s business or in connection with providing LingCare’s products and services to the Care Recipient);
  • (c) professional advisers, dealers and agents;
  • (d) payment systems operators (eg merchants receiving card payments);
  • (e) our agents, business partners or partners;
  • (f) anyone to whom our assets or businesses (or any part of them) are transferred;
  • (g) specific third parties authorised by the Care Recipient to receive information held by LingCare; and/or
  • (h) other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

7. Disclosure of Personal Information outside Australia

(a) LingCare may disclose Personal Information outside of Australia to our third party suppliers, server providers and cloud providers.

(b) Because of the nature of cloud services and because of the disclosure to third parties, LingCare is unable to provide a definitive list of where Personal Information may be databased or warehoused. LingCare is aware that some of your Personal Information may be databased or warehoused on servers located in the External Disclosure Countries.

(c) When the Care Recipient provides his or her Personal Information to LingCare, he or she consents to the disclosure of information outside of Australia and acknowledges that LingCare are not required to ensure that overseas recipients handle that Personal Information in compliance with Australian Privacy Law. LingCare will, however, take reasonable steps to ensure that any overseas recipient (with whom LingCare has a direct relationship) will deal with such Personal Information in a way that is consistent with this Privacy Policy.

8. Retention of Information
LingCare may retain information for an indefinite period for the purposes permitted by this Privacy Policy.

Part 4 Other Matters

9. Security

LingCare may hold Personal Information in either electronic or hard copy form. LingCare takes all reasonable steps to protect Personal Information from misuse, interference and loss (so far as legally permissible), as well as unauthorised access, modification or disclosure and LingCare use a number of physical, administrative, personnel and technical measures to protect Personal Information.

10. Accessing or correcting your Personal Information

  • (a) The Care Recipient can access the Personal Information LingCare holds about him or her by contacting us. Sometimes, LingCare may not be able to provide the Care Recipient with access to all of his or her Personal Information and, where this is the case, LingCare will tell him or her why. LingCare may also need to verify the Care Recipient’s identity when her or she requests his or her Personal Information.
  • (b) If the Care Recipient thinks that any Personal Information LingCare holds about him or her is inaccurate, please contact LingCare and LingCare will take reasonable steps to ensure that it is corrected.

11. Making a complaint

If the Care Recipient thinks LingCare has breached its privacy obligations, or wishes to make a complaint about the way LingCare has handled his or her Personal Information, the Care Recipient can contact LingCare. Please include the Care Recipient’s name, email address and/or telephone number and clearly describe the Care Recipient’s complaint. LingCare will acknowledge the Care Recipient’s complaint and respond to him or her regarding that complaint within a reasonable period of time. If the Care Recipient thinks that LingCare has failed to resolve the complaint satisfactorily, LingCare will provide him or her with information about the further
steps he or she can take.

If the Care Recipient thinks LingCare has breached its privacy obligations, or wishes to make a complaint about the way LingCare has handled his or her Personal Information, the Care Recipient can contact LingCare. Please include the Care Recipient’s name, email address and/or telephone number and clearly describe the Care Recipient’s complaint. LingCare will acknowledge the Care Recipient’s complaint and respond to him or her regarding that complaint within a reasonable period of time. If the Care Recipient thinks that LingCare has failed to resolve the complaint satisfactorily, LingCare will provide him or her with information about the further
steps he or she can take.

12. Contact Us
For further information about LingCare’s Privacy Policy or practices, or to access or correct Personal Information, or make a complaint, please contact us using the Privacy Contact details. For further information about LingCare’s Privacy Policy or practices, or to access or correct Personal Information, or make a complaint, please contact us using the Privacy Contact details.