Privacy Policy – Otitis Media Guidelines

Menzies School of Health Research (ABN 70 413 542 847) (“Menzies”) is a charity registered with the Australian Charities and Not-for-profits Commission, and is dedicated to improving the health and wellbeing of Indigenous Australians. Menzies built the Otitis media app (OMapp) to improve the reach and utilisation of digital ear health support, particularly in rural/remote areas and with Indigenous people. The OMapp is a multi-platform app available free of charge with downloadable content for offline use and thus, is not a Commercial model nor is it intended for sale. There is no revenue generated and the OMapp is provided by Menzies and is intended for use as is.

Menzies is committed to protecting your privacy and complying with its obligations under the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APPs) in respect of that information and the Information Act (NT).

Menzies will collect and hold Personal Information in accordance with the Menzies Information and Privacy Policy.

This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if you decide to use our Service. If you choose to install the OMapp, then you agree with this Privacy Policy.  During installation, no personal or health Information will be required or collected. We will not collect, use or share your information with anyone except as described in this Privacy Policy. The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible on the OMapp unless otherwise defined in this Privacy Policy.

Information Collection and Use

Menzies does not require you to provide us with any personally identifiable or health information such as name, email address, camera access, username, password, medical history, previous diagnosis etc. The app does use third party services that do not require any information to identify you.

Log Data

Whenever you use our OMapp and there is an error in the app, we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilising our Service, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory. This OMapp does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some components of the OMapp.

Service Providers

We may employ third-party companies and individuals for the following reasons – To facilitate our Service; To provide the Service on our behalf; To perform Service-related services; or To assist us in analysing how our Service is used.

These third parties have access to your Personal Information on Log Data to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us with your Personal Information for the Log Data, thus we strive to use commercially acceptable means of protecting it. However, no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

This OMapp may contain links to other sites. If you click on a third-party link (such as the references), you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

This OMapp does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the event of becoming aware from Log Data that a child under 13 years of age has provided us with personal information, we will immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we can immediately delete their data from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

Terms and Conditions

By downloading or using the Otitis Media app (the OMapp), these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the OMapp. You are not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You are not allowed to attempt to extract the source code of the app, and you also should not try to translate the OMapp into other languages or make derivative versions as the Australian Government Department of Health own the intellectual property and granted a copyright licence to Menzies to use the 2010 OM Guideline to create the App and App content.

Menzies School of Health Research is committed to ensuring that the OMapp is as useful and efficient as possible. For that reason, we reserve the right to make changes to the OMapp, at any time and for any reason without giving notice to you. We will never charge you for the app or its services.

Providing personal data is not required for installing the OMapp and downloading its contents for offline use. It is your responsibility to keep your phone and access to the OMapp secure. We therefore recommend that you do not bypass your phone’s security features or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the OMapp will not work properly or at all.

You should be aware that there are certain things that Menzies School of Health Research will not take responsibility for. Certain functions of the OMapp will require the OMapp to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Menzies School of Health Research cannot take responsibility for the OMapp not working at full functionality if you do not have access to Wi-Fi, and you do not have any of your data allowance left.

If you are using the OMapp outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the OMapp, or other third-party charges. In using the OMapp, you are accepting responsibility for any such charges, including roaming data charges if you use the OMapp outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the OMapp, please be aware that we assume that you have received permission from the bill payer for using the OMapp.

Menzies School of Health Research does not take responsibility for the way you use the OMapp i.e. You need to make sure that your device stays charged – if it runs out of battery and you cannot turn it on to avail the Service, Menzies School of Health Research cannot accept responsibility.

The OMapp is not a medical device. It is not a replacement for professional care or advice from a registered medical practitioner. Menzies is not liable for – Data loss due to device failure or uninstallation; Any personal outcomes resulting from app use; Indirect or consequential damages; Outcomes relating to reliance on third-party information provided through the app; Issues caused by misuse or unsupported devices.

To the extent permitted by law – The App and its content are provided on an ‘as is’ basis; You use the App and its content at your own risk; and we disclaim all express or implied warranties of any kind including, without limitation, as to accuracy, adequacy, completeness, merchantability, fitness for a particular purpose of, and non-infringement of third-party rights by, the App and its content.

To the extent permitted by law, any term, condition or warranty which would otherwise be implied into these Terms is excluded. Where a consumer guarantee or term implied by law cannot be excluded, our aggregate liability for any breach of the guarantee or term is limited to supplying the services again.

To the extent permitted by law, in no event will we be liable for any direct or indirect loss or damage whether through tort (including negligence) or for any other common law or statutory cause of action including, without limitation – any loss or damage which is incidental, special, consequential, or exemplary, or is a loss of profits, revenue, anticipated savings, business opportunity or goodwill; any loss or corruption of data; and any other losses suffered by you or any other person as a result of, or in connection with your use of the App, its content or linked applications or websites.

You acknowledge and agree that you remain liable for your acts and omissions in connection with the use of the App.

With respect to Menzies School of Health Research’s responsibility for your use of the OMapp, when you are using the OMapp, it is important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Menzies School of Health Research accepts no liability for any loss, direct or indirect, that you experience as a result of relying wholly on this functionality of the OMapp.

At some point, we may wish to update the OMapp. The OMapp is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the OMapp to) may change, and you will need to download the updates if you want to keep using the OMapp. Menzies School of Health Research does not promise that it will always update the OMapp so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. You may at any time terminate your access to and use of the OMapp by uninstalling the OMapp from your device. We may also wish to stop providing the OMapp and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the OMapp, and (if needed) delete it from your device.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

The laws of the Northern Territory of Australia govern these Terms and your access to and use of the App. You submit to the non-exclusive jurisdiction of the courts of the Northern Territory of Australia, Australia.

Contact Information

If you have any questions, suggestions or complaints about our Privacy Policy, please contact us as follows:
Legal Office
legal@menzies.edu.au

or

Legal Services
Menzies School of Health Research
PO Box 41096
Casuarina NT 0811, Australia