Akunah Privacy Policy
1. About this Policy
1.1. Akunah Global Holdings Private Limited and our affiliates and related companies (collectively referred to herein as “Akunah”, “we”, “our” and “us”) understand the importance of personal data security and are committed to ensuring a high level of data protection for users of our products and services. This Policy describes how we may collect, use, disclose and process your personal data when you: (a) access and make use of our website (accessible at https://akunah.com/) (“Website”) as well as Akunah products and services; and/or (b) provide us with personal data.
2. Information Collection
2.1. “Personal data” is data that can be used to identify a natural person. We may collect your personal data directly or indirectly through various channels, including when:
2.1.1. you register an account with us, complete or update your user profile on our Website;
2.1.2. you access or use our Website, Akunah products and services (including but not limited to Akunah Reflect), and the features or functions thereon;
2.1.3. you submit any application, form, survey, document, report or questionnaire (including but not limited to any Patient-Reported Outcome Measure (PROMs) questionnaire) to us;
2.1.4. you authorise us to obtain your personal data from a third party (e.g. your doctor, physician, physiotherapist and/or clinician);
2.1.5. you transact with us, contact us or request that we contact you through various communication channels, for example, through telephone calls, emails and letters;
2.1.6. we seek information about you and receive your personal data in connection with your relationship with us; and/or
2.1.7. when you submit personal data to us for any other reason.
2.2. The personal data we may collect from you include information relating to your contact details, identity, health, and occupation. Examples include your full name, date of birth, gender, telephone number(s), email address, username, password, medical history as well as health status and condition (including any health assessments, treatments and outcomes, previous surgery, diagnosis, radiology scans, 3D models, anatomy, anatomical and surgical measurements, symptoms, and medications).
2.3. In certain circumstances, you may also provide us with personal data of other persons (such as other family members and next-of-kin). In such event, you represent and warrant that you have brought this Policy to such other person’s attention, informed him / her of the purposes for which we are collecting his / her personal data and that he / she has duly consented to your disclosure of his / her personal data to us for those purposes and accepts this Policy. You agree to indemnify and hold us harmless from and against any and all claims by such individuals relating to our collection, use and disclosure of such personal data in accordance with the terms of this Policy.
2.4. You are responsible for ensuring that all personal data that you provide to us is true, accurate and complete, and informing us of any changes or updates to such personal data.
3. Legal Basis:
3.1. In accordance with applicable law, Akunah collects, uses, discloses and processes personal data that you voluntarily provide to us or is generated in the course of your access or use of our Website and Akunah products and services, and personal data obtained from third parties. Akunah collects, uses, discloses and processes your personal data in compliance with the following legal basis:
3.1.1. where you have provided your prior consent, which clearly expresses your approval for Akunah to perform data processing activities;
3.1.2. where required for our compliance with a legal obligation, for example, where we need to disclose or retain personal data for compliance with applicable laws and regulations;
3.1.3. where we need to perform a contract with you; or
3.1.4. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
4. What We Do with Your Personal Data:
4.1. We collect, use, disclose and process your personal data for purposes connected or relevant to our Website and Akunah products and services, our business, and/or to manage your relationship with us. Such purposes include:
4.1.1. processing your applications and registrations, including in connection with your user account or user profile to access and use our Website and Akunah products and services;
4.1.2. facilitating your access and use of our Website and Akunah products and services, as well as the features and functions thereon, including verifying and establishing your identity, carrying out and completing transactions requested by you, authenticating, operating and maintaining user accounts, and providing any support in relation to the foregoing;
4.1.3. carrying out your transactions with us and the doctors, physicians, anaesthetist, physiotherapist and/or clinicians that serve, are involved in or otherwise contribute to your medical consultation, treatment or recovery, taking steps as may be directed by you (including providing your information and data to such doctors, physicians, anaesthetists, physiotherapists, clinicians and/or healthcare providers, and their relevant and associated assistants, nurses, managers and/or administrative personnel, at your request, direction or instruction) – a list of doctors, physicians, anaesthetist, physiotherapist and/or clinicians on our Website whom you have granted access to your information and data can be found on your account dashboard accessible at (me.akunah.com), please note that you will be required to log into your user account in order to access the information;
4.1.4. communicating with you and assisting you with queries, suggestions, requests, complaints, and feedback, including in relation to our Website and Akunah products and services;
4.1.5. resolving any disputes, investigating any complaint, claim or dispute, or preventing, detecting or investigating any actual or suspected illegal or unlawful conduct;
4.1.6. administrative purposes, including quality assurance and staff training, and compliance with internal policies and procedures, such as audit, accounting, risk management and record keeping;
4.1.7. carrying out research and statistical analysis, including evaluation and improvement of our Website and existing Akunah products and services;
4.1.8. compliance with any legal or regulatory obligations, applicable laws, regulations, codes of practices, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
4.1.9. performing data analytics and related technologies on data to enable us to deliver relevant information to you, and to improve our Website and Akunah products and services;
4.1.10. managing and engaging third parties or data processors that provide services to us, e.g. IT services, technological services, delivery services, and other professional services;
4.1.11. such other purposes that may be informed to you when your personal data is collected; and/or
4.1.12. any other purpose relating to or reasonably necessary for any of the above.
4.2. In some circumstances, where permitted under applicable data protection laws, we may anonymise your personal data so that it can no longer be associated with you, in which case we are entitled to retain and use such aggregated data without restriction, including for any archive, research, data analysis, software / device development and improvement purposes.
5. Disclosure of Personal Data
5.1. We may also disclose your personal data to third parties in connection with purposes described under paragraph 4.1, including without limitation the following circumstances:
5.1.1. sharing your personal data with our related companies and affiliates;
5.1.2. disclosing your personal data to third parties who provide services to us (including, but not limited to IT and technology providers, and other professional service providers and advisors (including accountants, lawyers and auditors));
5.1.3. at your direction, instruction or request, sharing your personal data (including in relation to any Patient-Reported Outcome Measure (PROMs) questionnaire) with doctors, physicians, anaesthetists, physiotherapists, clinicians and/or healthcare providers (and their relevant and associated assistants, nurses, managers and/or administrative personnel) on our Website that serve, are involved in or otherwise contribute to your medical consultation, treatment or recovery – a list of current doctors, physicians, anaesthetist, physiotherapist and/or clinicians on our Website can be found at the following (me.akunah.com), please note that you may be required to log into your user account in order to access the information;
5.1.4. disclosing your personal data to authorities, governments, law enforcement agencies or public agencies;
5.1.5. if we are discussing selling or transferring part or all of our business – the information may be transferred to prospective purchasers under suitable terms as to confidentiality;
5.1.6. if we are reorganised or sold, information may be transferred to a buyer who can provide a continued relationship with you;
5.1.7. if we are defending a legal claim your information may be transferred as required in connection with defending such claim; and
5.1.8. disclosing your personal data to any other party to whom you authorise us to disclose your personal data to.
5.2. When disclosing personal data to third parties, we will (where appropriate and permissible) enter into contracts with these third parties to protect your personal data in a manner that is consistent with applicable laws and/or ensure that they only process your personal data in accordance with the appropriate instructions.
6. Marketing
6.1. In order for us to market products and services which are of specific interest and relevance to you, we may analyse and rely on your personal data provided to us, or collected from your interactions with us (including your use of our Website and Akunah products and services). However, no marketing using your personal data in non-aggregated and/or identifiable form would be carried out unless you have provided us with your consent to use your personal data for such marketing purposes. If you do not want us to use your personal data for the purposes of marketing, you can withdraw your consent at any time by contacting us in accordance with paragraph 12.
7. Data Protection:
7.1. Akunah is committed to the protection of your personal data with the implementation of appropriate technical and organisational measures, including technical and physical access controls (where only authorised personnel will have access to your personal data), and data encryption. Your personal data is securely hosted in the Commonwealth of Australia by our approved hosting provider with appropriate confidentiality and security in place that are commensurate with the nature of data processed.
8. Transfer of Personal Data
8.1. Our Website and Akunah products and services are accessible across multiple territories and jurisdictions. We may disclose and transfer your personal data to our affiliates, related entities and/or service providers that may be located outside of your jurisdiction, for the purposes described in paragraph 4.1. Where we transfer your personal data across jurisdictions, we will ensure that your personal data is protected in accordance with this Policy and applicable laws regardless of the jurisdiction that they are transferred to, but in any event to a level that is no less stringent than the applicable data protection laws in the jurisdiction from which the personal data is transferred.
8.2. To the extent that your personal data is transferred outside of your jurisdiction (including the European Union (“EU”) or the United States), Akunah implements appropriate safeguards in accordance with applicable laws to ensure that your personal data is afforded the requisite level of protection. Specifically, where we transfer your personal data out of the EU, we will ensure that a similar degree of protection is afforded to the personal data by ensuring at least one of the following safeguards is implemented:
8.2.1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data; or
8.2.2. We will take measures to comply with applicable data protection laws related to such transfers and use appropriate transfer solutions for any transfers of personal data outside the EU, such as the adoption of EU Standard Contractual Clauses, binding corporate rules or other applicable instruments (if any) to comply with the legal requirements. For more information, please contact us using the details provided at paragraph 12.
9. Retention of Personal Data
9.1. Personal data will be retained by Akunah for as long as needed for the purposes for which it was collected, and in compliance with any applicable laws or regulations that may prescribe a minimum period for which Akunah is required to retain the personal data.
10. Your Rights:
10.1. Depending on the jurisdiction that you are in or where we operate, you may enjoy certain rights under applicable law in relation to our collection, use, disclosure and processing of your personal data – such rights include:
10.1.1. Right to withdraw consent: Where we collect, use, disclose or process your personal data based on consent, you have the right to withdraw such consent at any time. If you do so, you may not be able to access or use our Website as well as Akunah products and services (including the features and functions thereon), and it may not be possible for us to fulfil the purposes for which we require your personal data, including processing your transactions or providing you with the products and/or services that you have requested. Further, your withdrawal of consent will not affect the lawfulness of any personal data processing conducted based on consent given before any such withdrawal. Notwithstanding any withdrawal of consent, we may continue to use your personal data as otherwise permitted or required under applicable law.
10.1.2. Right to request access: You have the right to obtain specific information about the processing of your personal data, as well as copies of such personal data, at no charge.
10.1.3. Right to rectification: You have the right to correct your personal data or supplement incomplete data, if your personal data is inaccurate.
10.1.4. Request to restrict processing of personal data: Under certain conditions, you may have the right to request the restriction of processing of your personal data (for instance, where the personal data has been unlawfully processed or its accuracy is in the process of being verified/corrected).
10.1.5. Request for erasure: You may request the deletion of your personal data in our possession or under our control, under certain conditions.
10.1.6. Right to object to processing of personal data: You have the right to object to our processing of your personal data, under certain conditions.
10.1.7. Right to data portability: You have the right to request for a copy of your personal data that you have provided to us, in a structured, commonly used and machine-readable format, and to request the transmission of such data to another organisation.
10.1.8. Right to make a complaint: Where you are located within the European Union, you have the right to make a complaint at any time to the data protection supervisory authority in the Member State of the European Union in which you are resident. We would, however, appreciate the opportunity to address your questions or concerns before you approach any supervisory authority. Therefore, please contact us in the first instance using the details provided at paragraph 12.
11. Updates to Policy
11.1. We may amend this Policy from time to time without notice to you, in compliance with applicable laws or as we update our data usage and handling processes. By continuing to access and use Akunah products and services following any changes or amendments to this Policy, you are deemed to have accepted the updated Policy and the amended provisions thereof. Therefore, we recommend that you regularly check back on this Policy when accessing or making use of Akunah products and services, to keep updated on how we collect, use, disclose and process personal data.
11.2. If we make any change that materially affects your rights, or to the extent that we are permitted to do so, significantly changes how or why your personal data is collected, used, disclosed or processed, we will notify you of the change appropriately (for example, by way of a prominent notice on our Website, https://akunah.com/). The updated Policy will supersede earlier versions and will apply to personal data provided to us previously. The updated Policy will take effect when made available on www.akunah.com/legalnotice.
12. Contact Us:
12.1. If you have any questions about this Policy, our handling and/or processing of your personal data, or would like to exercise any data subject rights, you may contact us at the following:
Email us at: info@akunah.com
Write to us at: Suite 307 Nicholson Street Specialist Centre, Level 9, 121 Newdegate Street, QLD, 4120, Australia.