Purpose

Lohmann & Rauscher Pty Ltd (“Lohmann & Rauscher”) is committed to protecting the privacy of the individuals it deals with. This statement outlines our policies on how we collect information and how we use that information. It is important that you read and understand this information.

This Policy supports the Lohmann & Rauscher Code of Conduct. This Policy sets forth standards that are applicable in Australia in compliance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (the Act).

Scope

1. This policy is applicable to Lohmann & Rauscher and governs the collection, storage and use and disclosure of Personal Information and Sensitive Information by Lohmann & Rauscher as required by the Act.
2. This policy does not specifically apply to information held by Lohmann & Rauscher about its current and former employees, where that information is held in or as part of an employee record and its use or disclosure directly relates to the employment relationship. Lohmann & Rauscher respects the privacy of employees and has policies that apply to employee information.

Policy Statement

1. Lohmann & Rauscher respects the privacy of individuals and is committed to handling Personal Information in compliance with applicable privacy and data protection laws including:
   • Australian Privacy Principles (APPs) contained in the Privacy Act 1988
   • Spam Act 2003 in relation to electronic marketing
   • National Health and Medical Research Council Act 1992 (NHRMC Act) and National Statement on Ethical Conduct in Human Research
2. Lohmann & Rauscher only collects Personal Information that is necessary for a legitimate business purpose such as providing products and services.
3. Lohmann & Rauscher limits access to Personal Information to individuals with a business need to have access to the Personal Information.
4. Lohmann & Rauscher keeps Personal Information only for as long as it is required for business purposes or by the law.
5. Lohmann & Rauscher employs appropriate technical, administrative and physical procedures to protect Personal Information from unauthorized disclosure, loss, misuse or alteration.

Definitions

1. “Personal Information” is defined in the Privacy Act as “information or an opinion about an identified individual, or an individual who is reasonably identifiable:
   a. whether the information or opinion is true or not; and
   b. whether the information or opinion is recorded in a material form or not.”
2. “Sensitive Information” is information about an individual’s health (including predictive genetic information), racial or ethnic origin, political opinions, membership of a political association, professional or trade association or trade union, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, criminal record, biometric information that is to be used for certain purposes, biometric templates.

Consent to Lohmann & Rauscher’s Collection, Use and Disclosure of Personal and Sensitive Information

1. Lohmann & Rauscher considers individuals and entities to be consenting to the collection of Personal Information when they provide Personal Information to Lohmann & Rauscher in any format including oral communications (such as via telephone), email, contracts, letters, memoranda, online inquiry forms, employment and other application forms.
2. Lohmann & Rauscher complies with the National Statement on Ethical Conduct in Human Research when conducting clinical research and participation will only be as a result of a voluntary choice by the participants. As such, express consent is required for collection of Personal and Sensitive Information for the purposes of clinical research and associated clinical studies.
3. An individual may withdraw consent at any time by notifying our Privacy Officer using the contact details at the end of this Policy.

Types of Information Collected by Lohmann & Rauscher

1. Personal Information collected by Lohmann & Rauscher may include:
   a. names
   b. addresses
   c. telephone numbers
   d. e-mail address
   e. financial information
   f. other information relevant to Lohmann & Rauscher business activities.
2. At times and when permitted by an individual and reasonably necessary for a legitimate business purpose, Sensitive Information such as health information and medical procedure information may be collected by Lohmann & Rauscher.

Lohmann & Rauscher Collection of Information

1. Generally, Lohmann & Rauscher collects Personal Information from:
• hospitals where Lohmann & Rauscher products are used
• employment application forms (hardcopy or softcopy)
• Lohmann & Rauscher customers who purchase products or services
• customers or health care professionals who obtain information and education from Lohmann & Rauscher
• healthcare professionals or medical facilities or distributors who use or purchase or may be reasonably expected to use or purchase, a product or service from Lohmann & Rauscher
• individuals who contact Lohmann & Rauscher by e-mail, telephone, mail or any other means
• visitors to the Lohmann & Rauscher website
• a variety of other sources including the contacts of employees of Lohmann & Rauscher, trade shows, referrals, third parties and information available in the public domain.
2. If an individual chooses not to provide Personal Information when requested, Lohmann & Rauscher may not be able to deliver the product or service requested. Lohmann & Rauscher will attempt to notify the individual of these issues when they arise.

Lohmann & Rauscher Use of Personal Information

1. Lohmann & Rauscher uses Personal Information for legitimate business purposes that are consistent with the reason the information was provided to or collected by Lohmann & Rauscher. These purposes may include the delivery of our products and services, education about our products and services and marketing of our products and services.
2. Our website may use cookies to gather marketing information. A “cookie” is a packet of information stored on a computer that allows the Lohmann & Rauscher server to identify and interact more effectively with your computer. Lohmann & Rauscher may use persistent cookies for various business purposes including market research, improving website performance, enabling transactions, and collection of statistics and site usage measurements. Lohmann & Rauscher will not collect or link to Personal Information through persistent cookies without an individual’s express consent.
3. Lohmann & Rauscher will not use or disclose Personal Information for the purpose of direct marketing unless, Lohmann & Rauscher reasonably believes:
   a. an individual has consented to receive direct marketing; or
   b. an individual would reasonably expect Lohmann & Rauscher to use Personal Information for the purpose of direct marketing; or
   c. an individual may be interested in the material but it is impractical for Lohmann & Rauscher to obtain the individual's consent; or
   d. an individual's consent can reasonably be inferred either from:
1. conduct that Lohmann & Rauscher and/or the individual have engaged in or
2. a business or other relationship that the individual has with Lohmann & Rauscher or an employee of Lohmann & Rauscher; or
3. the conspicuously publishing of an individual's electronic address has enabled Lohmann & Rauscher to send unsolicited commercial electronic messages which are relevant to the individual, their work-related business, functions, duties or the office or position, function or role concerned.
4. An individual may opt out of receiving direct marketing materials from Lohmann & Rauscher through a prominent unsubscribe (or opt out) mechanism or by contacting Lohmann & Rauscher directly.
5. If an individual has requested not to receive further direct marketing messages, Lohmann & Rauscher may continue to provide the individual with messages that are not regarded as “direct marketing” under the Privacy Act, including changes to Lohmann & Rauscher's terms, system alerts, and other information related to a relevant account with Lohmann & Rauscher

Lohmann & Rauscher Use of Sensitive Information

1. We will only use and disclose your Sensitive Information as reasonably required for the primary purpose for which it was collected, or for a secondary purpose in circumstances permitted by the Privacy Act.
2. The Privacy Act permits use and disclosure for a secondary purpose in the following circumstances:
• where you have consented to the use and disclosure for the secondary purpose;
• where you would reasonably expect the use or disclosure for the secondary purpose and the secondary purpose is directly related to the primary purpose;
• where required or authorised by Australian law;
• in other limited circumstances permitted by the Privacy Act, including where a permitted general situation or health situation exists.

Sharing of Personal Information

1. Lohmann & Rauscher does not sell or otherwise disclose Personal Information to any other company or organisation without first gaining the consent of the identified person(s), except under the following circumstances:
• Lohmann & Rauscher is required or permitted by law to do so;
• to legitimately pursue legal action to protect Lohmann & Rauscher’s commercial interests;
• in the “due diligence” phase of inter-company mergers/acquisitions or otherwise related to a sale of all or part of Lohmann & Rauscher’s business;
• in the outsourcing of data management or our direct marketing functions to an external company;
• it is necessary on a temporary basis to enable Lohmann & Rauscher contractors to perform specific functions.
2. Lohmann & Rauscher will take reasonable steps to ensure that the organisations to which disclosure is made comply with the Privacy Act and this policy. For example, where appropriate, strict contractual and other quality assurance measures are used to ensure Personal Information is protected.

Overseas use and disclosure

Lohmann & Rauscher may disclose Personal Information to countries outside Australia based on a genuine business need. In addition the Lohmann & Rauscher head office based in Germany and our IT consultants based both in Germany and in China, have access to our data, which may include your Personal Information. Where possible, we will take reasonable steps to ensure that such recipients comply with the APPs in relation to your Personal and Sensitive Information.

Some programs, software, online tools or websites which may be used by us, could be based in and/or housed overseas. Whilst we do not actively disclose your Personal or Sensitive Information to such organisations, the use of such online tools by us may involve disclosure of your Personal and/or Sensitive Information to such organisations overseas. Use and disclosure of your Personal and/or Sensitive Information by such organisations is in accordance with the terms and conditions and privacy policies of such organisations. For example, MailChimp is an online tool used by us from time to time to send emails to multiple recipients. MailChimp is based in the United States of America and it may collect, use and disclose Personal Information in accordance with its terms and conditions and privacy policy as set out at mailchimp.com/legal/privacy/.

If you consent to disclosure of your Personal and/or Sensitive Information as described above, we are not required to take reasonable steps to ensure that such organisations do not breach the APPs in relation to the disclosed information. Having been informed of the possibility that such disclosure may occur, you consent to that disclosure by providing us with or continuing to provide us with your Personal and/or Sensitive Information.

Collection and Transfer of Information Electronically via the Internet and External Networks

1. Lohmann & Rauscher has secured its website and email networks using industry standard technology. Lohmann & Rauscher protects Personal Information by complying with Information Security Standards, Industry Schemes and Statutory obligations. Lohmann & Rauscher regularly conducts targeted internal and external audits of its security systems to validate security practices.
2. There are risks involved in transmitting Personal Information across the Internet and other external electronic networks, such as when visitors to the Lohmann & Rauscher website complete an on-line inquiry/request. Lohmann & Rauscher cannot provide any guarantee with respect to the security of Personal Information collected or transmitted via such means, and will not be liable for any breach of security or unintended loss or disclosure of Personal Information collected or transmitted via such means.
3. Unauthorised modification or misuse of information stored in Lohmann & Rauscher’s system will be investigated and may result in criminal prosecution.

Individual’s Ability to Access Personal Information

1. Individuals have the right to request access to their Personal Information held by Lohmann & Rauscher. The right to access Personal Information is not absolute. In some circumstances, the law permits Lohmann & Rauscher to refuse a request to provide access to Personal Information, such as circumstances where:
• access would pose a serious threat to the life or health of any individual
• access would have an unreasonable impact on the privacy of others
• the request is frivolous
• the information relates to a commercially-sensitive decision-making process
• access would be unlawful
• access may prejudice enforcement activities, a security function or commercial negotiations.
2. Lohmann & Rauscher will, upon request, and subject to applicable privacy laws, provide access to an individual’s Personal Information. The request must identify, as clearly as possible, the type (or types) of information sought.

Updating Personal Information

1. Lohmann & Rauscher will endeavour to ensure that Personal Information is accurate and up-to-date. An individual may request that we amend their personal details by contacting the Lohmann & Rauscher Privacy Officer via the channels provided under “How to contact Lohmann & Rauscher”.
2. If Lohmann & Rauscher is unable to update an individual’s Personal Information, Lohmann & Rauscher will provide an explanation in writing as to why the information cannot be corrected.
3. If Personal Information has been disclosed to a third party, Lohmann & Rauscher will, on request by you, take reasonable steps to notify the third party of corrections and updates.
4. “Unsolicited Personal Information” is personal information about an individual that an organisation has unintentionally received. Lohmann & Rauscher will treat Unsolicited Personal Information responsibly and in compliance with the Act. If the information could not have been collected through normal processes, Lohmann & Rauscher will de-identify and/or destroy that information as soon as possible.

Loss of Personal Information

Lohmann & Rauscher is committed to protecting Personal Information, but in the event of loss of Personal Information Lohmann & Rauscher shall:

• seek to rapidly identify and secure the breach to prevent any further breaches
• engage the appropriate authorities when criminal activity is suspected
• assess the nature and severity of the breach including the type of Personal Information involved and the risk of harm to affected individuals
• where there is a real risk of serious harm to the individual:
• notify the affected individuals directly where possible; and
• notify the Privacy Commissioner at the OAIC (if appropriate).

Complaints

If you believe that we have not complied with our obligations pursuant to the Act, or have a complaint about the use or disclosure of your Personal or Sensitive Information by us, please contact our Privacy Officer. We will discuss your concerns with you and take action as necessary to address such concerns which may include contacting us to take the matter further.

Our Privacy Officer will endeavour to resolve your complaint as soon as possible. However, the length of time will depend on the nature and complexity of the issues you have raised.

You will receive an acknowledgement of receipt of the complaint from us within five business days. We will give you an estimate of how long it may take us to deal with the matter but we will endeavour to finalise the matter within 30 days.

If we decide that your complaint is justified, we will then decide what action we should take in response. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.

Some of the things that we may decide to do include:

• take steps to rectify the problem or issue you have raised;
• provide you with you additional information or advice so that you can understand what happened and how we have dealt with it;
• take steps to change our policies or procedures if your complaint identifies a problem in the way we are doing things.

It will not always be possible to resolve a complaint to everyone's satisfaction. In that case, you might want to escalate the matter to the Privacy Commissioner via an online privacy complaint form which can be found at: www.oaic.gov.au/privacy/making-a-privacy-complaint.

Changes to policy

We welcome your questions and comments regarding this Privacy Policy. If you have any suggestions as to how we may improve our Privacy Policy, please contact our Privacy Officer.

We may change the terms of this privacy policy at any time. If we change this policy, we will post the revised policy document at Australia page of our global web-site www.lohmann-rauscher.com. We encourage you to review the privacy policy whenever you visit our website.

How to contact Lohmann & Rauscher

To contact us with a compliment or complaint or a privacy question, you can contact our Privacy Officer - see below:

Privacy Officer: Finance Director
Suite G.03, 321 Ferntree Gully Road,
Mount Waverley Victoria 3149
Email: privacy@au.LRmed.com

Phone: 1300 572 869 between 09:00am and 5:00pm EST Monday to Friday