AirHealth Pty Ltd (ABN 88 662 163 448) ("AirHealth", "we", "us" or "our") specialises in the provision of air quality information and forecasts via digital applications that enables suffers from respiratory illnesses to improve their quality of life. AirHealth consists of AirHealth, Melbourne Pollen, Canberra Pollen, Perth Pollen, Sydney Pollen, Pollen Forecast and AirRater, collectively defined as the “AirHealth Service”.

AirHealth is committed to protecting your privacy and complying with all privacy and data protection laws, principles and regulations that apply in the jurisdiction from which you access and use the AirHealth Service. As AirHealth is based in and operated out of Australia, this Privacy Policy has been specifically tailored to comply with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles.

This Privacy Policy describes our policies and procedures on the collection, holding, use and disclosure of your personal information and should be read together with our Terms of Use. This Privacy Policy applies to all your dealings with AirHealth.

What is personal information?

When used in this Policy, "personal information" means any information or opinion relating to an identified or identifiable individual.

In general terms, it is information that can be used to personally identify you such as your name, address, telephone number, email address, profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

When used in this Policy, "sensitive information" refers to a sub-set of personal information that is afforded a higher level of privacy protection under the law because of its sensitive nature.

In general terms, sensitive information includes information about your racial or ethnic origin, political opinions, religious and philosophical beliefs, sexual preferences and criminal history as well as information about your health or genetics. Unless required by law, we will only collect sensitive information with your consent.

What personal information do we collect?

AirHealth collects data from you, through our interactions with you in the provision of the AirHealth Service. The choice of how much information you provide to us is yours, but we may require certain information from you in order to provide the AirHealth Service. The data we collect depends on the context of your interactions with the AirHealth Service and the choices you make, including your privacy settings and the products and features that you use. You have choices when it comes to the use of the technology you use and the data you share. When we ask you to provide personal data you can decline.

Certain personal information may be required to establish and maintain your record, and/or to provide the AirHealth Services to you. We may collect the following types of personal information relating to you including, but not limited to:

• identification information such as your name, date of birth, contact phone details, email addresses, gender, your family/single status;
• sensitive information such as health information, including, but not limited to, your personal medical history, current health issues, health goals, medications, and/or allergies;
• demographic information and unique identifiers in order to provide you with a more personalised experience or to verify your passwords;
• location information and/or GPS data; and
• any other personal information that you choose to import or upload into your AirHealth Service record.

Where possible, you have the option of interacting with us anonymously (for example, as a visitor of the website) or using a pseudonym if you feel more comfortable dealing with us that way. For example, if you contact us by telephone with a general question, we will not ask for your full name unless we need it to answer your question.

How do we collect personal information?

Where possible we will collect personal information directly from you, however in certain circumstances it may be necessary to collect information about you from third parties. We may collect your personal information in several ways, including:

• when you email, phone or write to us;
• have contact with us in person;
• when you first register for and agree to the terms and conditions of the AirHealth Service on our Apps or our website;
• when you enter, import or upload data into an online form associated with the AirHealth Service including your health information;
• when you connect a device and the AirHealth Service directly communicates with that device;
• when you complete a survey or an assessment through the AirHealth Service;
• participate in public or closed surveys, questionnaires or conference events;
• when you register for face-to-face or digital events (such as webinars); and
• when you interact with us online, including through our websites, email, webchats, podcasts, mobile applications and social media channels (such as Facebook, Twitter, YouTube, Instagram or LinkedIn - these social media channels will also handle your personal information for their own purposes and have their own privacy policies).

Collecting personal information through our websites

In some cases, we may also collect your personal information through the use of "cookies". When you access one of our websites, we may send a "cookie" (which is a small summary file containing a unique ID number) to your computer or internet enabled device. This allows us to recognise your computer or internet enabled device, and whether you have already registered and greet you each time you visit our website/s. It also enables us to keep track of services you view so that, if you consent, we can send you news about those services. We also use cookies to measure traffic and engagement patterns, to determine which areas of our website have been visited and to measure overall, aggregate transaction patterns. We use this to research our website visitor's habits and what they are looking for and accessing, so that we can continually improve our services, programs, content and resources. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

What happens if we receive unsolicited personal information?

If we receive personal information that we did not take any active steps to collect, we will determine whether we would have been permitted to collect that information as part of providing our products and services in accordance with the law. We will destroy or de-identify unsolicited personal information that we would not collect as part of providing our products or services if it is lawful to do so. If the information is of the type that we would ordinarily collect to provide our products or services, we will manage that information in accordance with this Privacy Policy.

Why do we collect your personal information?

We will generally explain at the time we collect your personal information the purposes for which we will use it. We may collect, hold, use and/or disclose your personal information for the following purposes including but not limited to:

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• providing you with our products and services;
• for use in research by us or our partners
• identifying you or verify your authority to act on behalf of another account holder;
• establishing and maintaining your account and record;
• to update our records and keep contact details up to date;
• to provide you with services and information appropriate to your needs;
• to answer your enquiries and to provide information to you about our services;
• to provide effective risk management and to protect against fraud and unauthorised access to your account;
• to provide analysis of information for product development;
• advertise and market to you, which includes sending promotional communications, targeting advertising, and presenting you with relevant offers;
• develop and improve our products and services;
• to perform administrative functions and for other internal purposes;
• for information technology maintenance and development;
• to investigate and resolve complaints relating to services provided by/or on behalf of AirHealth;
• to comply with any law or legislative requirements;
• to keep you informed about relevant information relating to AirHealth;
• for any purpose required or authorised by law; and
• for any other purpose for which you have given your consent.

Do we use your personal information for direct marketing?

We may use your personal information to send you direct marketing communication and information about our services and products, and other related services and products if we have your permission or a legitimate interest in doing so. If at any time you no longer wish to receive this information, you can request to "opt out" from receiving this information by changing your settings within the App and/or contacting TheTeam@AirHealthLab.com.

Disclosure of personal information

The information AirHealth collects from you or concerning you, will only be disclosed in a manner that is consistent with applicable privacy laws and regulations.

Your personal information may be disclosed to third parties in the following circumstances:

• to enable provision of the AirHealth Service, including to third party providers for the purposes of management of subscriptions, analytics and marketing;
• where you would reasonably expect us to disclose it in order to provide the service in respect of which the information was originally collected;
• for research purposes;
• where you have authorised us to do so;
• where such disclosure is provided for under contract, including under this Privacy Policy or our Terms of Use;
• where we are legally required to do so, for example, in response to a subpoena, court order or other legal process;
• where we need to enforce or apply our Terms of Use to which you have agreed (or other terms that have been agreed to apply to our relationship with you);
• where our agents or contractors who assist us in providing our products and services require such information in order to perform a core business function on behalf of AirHealth. Our agents and contractors will only use your information to the extent necessary to perform their functions;
• where all, or most, of the assets of AirHealth or any single business unit within AirHealth are merged or acquired by a third party, or we expand or re-organise our business, in which case your personal information may form part of the transferred or merged assets;
• for compliance reasons to ensure compliance with relevant laws and regulations;
• for operational reasons for maintaining, reviewing and developing our business systems, procedures and infrastructure including testing or upgrading our products or our computer systems in order to securely and efficiently deliver our services to you and others; and
• when it is otherwise required or authorised by law.

De-identified Information

You acknowledge that we may use your personal information in de-identified form (de-identification being a process by which a collection of data or information is altered to remove or obscure personal identifiers and personal information) to assist us in running our business. We may also provide de-identified information in aggregated form to third parties for research, marketing and other purposes.

When your personal information and health information is included in de-identified, aggregated data, it is not possible to identify you or anything about you from that data.

Cross-Border Disclosure of personal information

If you are accessing the AirHealth Service from outside Australia, then you acknowledge that your personal information will be disclosed to our employees and agents in Australia for the purposes of providing you with the AirHealth Service. We may disclose personal information outside of Australia but only to contracted service providers that are engaged by us to act on our behalf and assist with our business functions and delivery of the AirHealth Service and related services. If we transfer your information to a contracted service provider outside Australia, we will take steps to ensure that your privacy rights continue to be protected to ensure that these contracted service providers are either covered by data privacy laws substantially similar to those in Australia or the relevant contracted service provider adheres to data privacy standards substantially similar to those in Australia.

Your rights in relation to your personal information

You may request access to your personal information collected by us and ask that we correct that personal information. You may also ask us to delete your personal information, restrict the processing of your personal information or transfer a machine-readable copy of your personal information to you or a third-party of your choosing. We will need to verify your identity before we are able to action your request.

We may refuse to action your request where actioning the request would:

• have an unreasonable impact on the privacy of others;
• be unlawful;
• prejudice enforcement activities relating to criminal activities and other breaches of law, public revenue, a security or negotiations with you;
• jeopardise the conduct of existing or anticipated legal proceedings;
• it is not possible to retrieve your requested data from AirHealth or third-party data systems.

We may also refuse to action your request where we are authorised to do so by law.

You can make a request in relation to the handling of your personal information by emailing us at Privacy@AirHealthLab.com and we will respond within 30 days. If we refuse to action your request, we will notify you in writing setting out the reasons.

How is your personal information protected and how long is it kept?

AirHealth takes the security of your personal information very seriously and take reasonable steps to protect it from misuse and loss, unauthorised access, modification or disclosure. The methods we use to ensure this includes the implementation or existence of the following measures:

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• all AirHealth employees, agents and contractors are bound by confidentiality agreements and procedures have been implemented so that only those people with a genuine need to know have access to your personal information;
• electronic and physical data and document storage security policies;
• policies and procedures governing the retention, use and access of documents and data;
• internal system access security policies including authenticated access of employees and contractors;
• verification procedures to identify an individual before personal information is disclosed; and
• access control for our buildings and data hubs.

Your information is kept while we need it to provide the services that you have requested from us and where applicable, we are required to keep it to comply with statutory requirements. Where AirHealth determines it is no longer necessary to hold your personal information we will securely destroy, delete or permanently de-identify that information, wherever possible.

In the unlikely event that the security of your personal information is compromised, and we are made aware of it, we will immediately take steps to confirm if a data breach has occurred. If a breach is confirmed, and we form the view that the breach is likely to result in serious harm to you, we will notify you and provide you with a description of the breach, the kinds of information involved, and any recommended actions you could take to protect yourself against the consequences of the data breach. In accordance with our obligations under the Privacy Act 1988 (Cth) and the Australian Notifiable Data Breaches Scheme we will also notify the Office of the Australian Information Commissioner (OAIC) of any data breach that we consider is likely to result in serious harm to any of the individuals to whom the information relates.

Complaints about your privacy

Air Health will make every attempt to ensure that your privacy is not breached, however, if you believe that your privacy has been breached or you wish to make a complaint about the way we have handled your personal information, you can contact us at Privacy@AirHealthLab.com or lodge a complaint to the address mentioned below:

The Privacy Officer
AirHealth Pty Ltd
PO BOX 38,
PARKVILLE VIC 3010

We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. However, if you believe that we have not resolved the issue you may refer the matter to the OAIC, or if accessing the AirHealth Service from outside Australia, the relevant privacy and data protection authority in your country of origin.

Changes to this Privacy Policy

By using our website, or the AirHealth Service or by accepting our Terms of Use which refer to this Privacy Policy, you are agreeing to the collection, use and disclosure of your personal information in accordance with the terms of this Privacy Policy.

We may change this Privacy Policy from time to time. We will let you know that the policy has changed by publishing a statement on the AirHealth Website (http://AirHealthLab.com/). Your continued use of the AirHealth Service following notification of a change to this Privacy Policy indicates that you accept those changes. Through this document we will always let you know the information we collect, how we use it, and the circumstances under which such information may be disclosed by us.

Effective Date: 1 September 2023