FallCall Solutions, LLC
FallCall Lite
Privacy Act 1988 (Cth) Compliant Policy
Australia Version
Valid as of 08/21/2024

THIS PRIVACY POLICY DESCRIBES HOW PERSONAL INFORMATION ABOUT YOU MAY BE COLLECTED, USED, STORED & DISCLOSED IN AUSTRALIA AND YOUR RIGHTS REGARDING PERSONAL INFORMATION.

This Australian Privacy Summary details how FallCall Solutions, LLC (“we”, “our” or “us”), providers of the user-to-user communication application ‘FallCall Lite’, operate in Australia and how we collect, use, store and disclose personal information in accordance with the Privacy Act 1988 (Cth) (the Privacy Act). If you are located in Australia or using our services or interacting with FallCall Lite in, or from, Australia, the following applies to you. This Australian Privacy Summary summarizes and supplements our General Privacy Policy, available here [https://www.fallcall.com/Docs/FallCallLite-HIPAA-Compliant-Policy], and is intended to be read in conjunction with our General Privacy Policy. Please review our General Privacy Policy in addition to this summary – as the practices and procedures described in our General Privacy Policy apply equally in Australia. To the extent of any inconsistency between this Australian Privacy Summary and our General Privacy Policy, this Privacy Summary prevails to the extent you are in, or your data is subject to, the Privacy Act and otherwise our General Privacy Policy prevails to the extent of any inconsistency. By using FallCall Lite or any other services we provide, you agree to our General Privacy Policy and this Australian Privacy Summary. If you do not agree to these Privacy Policies, you may not use our services.

Capitalized terms used throughout this document that are not defined herein have the meaning given in our General Privacy Policy (refer to section 1 therein). Terms defined in the Privacy Act, such as personal information, sensitive information, disclose, etc, have the meaning given to them in the Privacy Act.

Set out below are certain key frequently asked questions that you may have regarding your personal information in connection with our services and FallCall Lite and that we are required to disclose to you in accordance with the Privacy Act.

What kinds of personal information do we collect and hold?

The types of personal information that we collect are set out in section 5 of our General Privacy Policy. When you use FallCall Lite, the application collects certain personal information from you – that are set out in details in our General Privacy Policy. In summary, the types of information that we collect and hold are:

1. (account data) such as name and contact details (mobile number, address and email address), photos (with permission), passwords and related account data of Elder’s, Caregivers and Care Group Members;
2. (health information) information regarding an Elder’s health status, including heart rate per minute and other data concerning health disclosed by an Elder, Caregiver or Care Group member when using the FallCall Lite service. Such health information is ‘sensitive information’ for the purposes of the Privacy Act and is only collected with consent;
3. (in-use data) call data (including historical call logs) situational updates and help request summary reports and other information disclosed when utilizing the FallCall Lite service;
4. (technical data) technical data including mobile & wearable device unique identifier codes, watch battery level, subscription statuses, pairing statuses and other technical data used to provide or inform our services; and
5. (location data) the location of the Elder’s iPhone, Apple Watch or Android devices at the time an Elder uses our services to call for help.

On the Caregiver’s FallCall Lite, the application uses a passcode to unlock the encryption of FallCall Lite and/or biometrics, such as a fingerprint recognition system or facial identification system, to unlock the encryption of FallCall Lite. Such individual information when using these features may constitute sensitive biometric information for the purposes of the Privacy Act. FallCall Lite does not transmit this information to another device. Passcode lock is a mandatory feature for security purposes, however, the use of biometric unlock may be turned “on” or “off.” FallCall Lite does not collect biometric information.

In addition to the above, we may collect other personal information in connection with management of our service, including financial information you use to pay for our services or any personal information you provide when you contact us for help, assistance or complaints.

How do we collect personal information?

We collect personal information as you use the FallCall Lite service, this includes when you create an account with our services and input various information, along with when you use the FallCall Lite service to make or receive calls or transmit any other data. When you contact us, we may collect any personal information that you provide in the course of those communications.

How do we hold personal information?

How we hold, store and protect your personal information is described in sections 5, 7 and 8 of our US HIPAA and GDPR Compliant Privacy Policy. The security of your information and data while using FallCall Lite is very important to us. We take reasonable steps to protect your personal information from loss and unauthorized access or disclosure and have put in place appropriate physical, electronic and governance procedures to safeguard and secure your personal data. Examples of how we secure and store your information include:

• we store all information on secure HIPAA and GDPR third-party servers for the purposes of application function (refer to section 5.4 of our US HIPAA and GDPR Compliant Privacy Policy); and
• we utilize various levels of encryption when transmitting and storing your personal information (refer to section 6 of our US HIPAA and GDPR Compliant Privacy Policy).

While we take reasonable logistical and technical steps to keep personal information secure, no transmission over the Internet or a mobile network can be totally secure, and we cannot guarantee that a breach will never occur with respect to personal information.

We maintain complete and accurate records pertaining to our activities under this Australian Privacy Summary, including records pertaining to your health information and personal information, in accordance with the Privacy Act, HIPAA, GDPR and applicable law. We will retain such records for a duration prescribed by the Privacy Act, HIPAA, GDPR and other applicable law but no longer than is necessary to achieve the purposes of processing such records as disclosed in this policy, or longer if we are notified, ordered or otherwise required to maintain such records for a longer period in connection with a legal proceeding or government investigation.

For what purposes do we collect, hold, use and disclose personal information?

We collect personal information primarily for the purposes of operating our services, allowing Elders, Caregivers and Care Group members to connect through the FallCall Lite and to improve our services and technology. In addition, our General Privacy Policy sets out other circumstances in which we may use your personal information in sections 4 and 5.6 therein. These purposes may include data storage and hosting with third party data storage or hosting providers (noting that we do no expect these third parties to, and they are prohibited from, access(ing) your personal information for system maintenance purposes only), parent or subsidiary companies under common group data processing and storage arrangements, and where reasonably required under applicable law.

We do not disclose health information without de-identification and no personally identifying information is disclosed or sold to third parties for advertising and related purposes.

We do not use any health information for the purposes of direct marketing and note that this is prohibited under the Privacy Act.

Do we disclose personal information to overseas recipients?

We primarily hold your personal information within Australia, however, we will access it from the United States where we operate. Despite that the United States may have different, and potentially inadequate, data privacy laws when compared to Australia, as any entity subject to the Australian Privacy Act any personal information held or used by FallCall in the United States will only occur in compliance with this Australian Privacy Summary or as permitted under the Privacy Act.

We may also be required to disclose certain limited personal information to third parties in connection with providing our services to you, including data storage. In particular, FallCall products and services integrate into third party systems in order to function properly in connection with billing, use information, customer service, quality assurance and application updates. As such, we may provide Personal Information from you to Third-Party integration providers. Many of these third parties are likely to be located in jurisdictions outside of Australia including the United States. If information is to be relayed, FallCall will generally explicitly ask for permission to share your information with a third party. Alternatively, we ensure that we comply with the Privacy Act by refraining from sending your personal information to third party recipients outside of Australia without first taking reasonable steps to ensure that the overseas recipient complies with the Australian Privacy Principles and this Australian Privacy Summary or without obtaining your consent or otherwise complying with the Privacy Act.

By reviewing this Australian Privacy Summary and using our services, you consent to any such overseas transfers, provided that they are otherwise in accordance with this this and our HIPAA and GDPR Compliant Privacy Policy.

What are your rights regarding personal information and how can you exercise them?

The FallCall Lite service has various permissions and options that you can exercise to limit or permit the collection and monitoring of various data. This information is set out in section 6 of our General Privacy Policy.

In addition, you have rights available to you under the Privacy Act. You are entitled to access the personal information we hold about you and may request that we correct any errors in the information we hold. If you would like to access or correct your personal information held by us, please contact our Privacy Officer at:

dpo@fallcall.com
FallCall Solutions, LLC
Attention: Carlton Chen
16 Surrey Lane
Trumbull, CT 06611

We will take reasonable steps to allow you to access your personal information unless reasonable circumstances exist that would prohibit us from doing so. We will correct your personal information where we are satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading. If we correct any personal information that we have disclosed to third parties we will take reasonable steps to notify those parties of the change or update. You accept that, following a request to correct your information, we may be required to take reasonable steps to verify your identity or the personal information, which may include confirmation with third parties.

You may also have rights under HIPAA and GDPR or other applicable law. A summary of such rights are included in section 3 of our HIPAA and GDPR Compliant Privacy Policy.

How can you complain if you think we or our service providers have breached Australian privacy law?

If you are concerned that we may have breached the Australian Privacy Principles, please contact us immediately at the contact details set out below. We will undertake a reasonable and expeditious assessment of the concern and suggest relevant resolution processes. If you are unsatisfied with our response to, or resolution of, your complaint you may contact the Office of the Australian Information Commissioner.

How can you contact us?

You may contact our data protection officer, Carlton Chen, at dpo@fallcall.com for any questions regarding your data privacy. Further contact details are available on our website and in our General Privacy Policy.