1. General

1.1 The Group (we, us, our) is comprised of Global Site Holdings Pty Limited ACN 668 977 062 trading as Momentum Clinical Research ABN 51 668 977 062 and its related entities, including but not limited to:

(a) Data Health Australia Pty Ltd ACN 623 449 945 trading as AusTrials ABN 89 623 449 945;

(b) General Site Holdings Australia Pty Ltd ACN 672 666 803;

(c) General Site Holdings Limited (No. 8552506), registered in New Zealand;

(d) P3 Research Limited (No. 1111500), registered in New Zealand; and

(e) Rainleigh Pty Limited ACN 056 364 679 trading as Holdsworth House ABN 41 056 364 679.

1.2 The Group is committed to protecting your privacy and complying with its obligations under the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APPs) and other privacy laws that may apply in respect of collecting Personal Information.

1.3 This Privacy Policy applies to all directors, employees and contractors of the Group, as well as any third parties who process Personal Information on behalf of the Group. It applies to any person who has an “Australian link” for the purpose of the Privacy Act, including:

(a) all such persons that are bodies corporate incorporated in Australia; and

(b) any other such persons that carry on business in Australia.

1.4 This Privacy Policy is subject to change at our discretion, and we will update it from time to time.  The current version will always be available on our website at https://momentumclinicalresearch.com/ or any other website of the Group (www.austrials.com.au and www.holdsworthhouse.com.au). If we change this Privacy Policy in any material way, we will post a notice on our Website (as relevant) along with the updated Privacy Policy.  We may also contact you via your contact information we hold on file, for example by email or some other equivalent measure.

1.5 In this Privacy Policy, we use the terms:

(a) ‘participants’ to refer to individuals who express an interest in, or who participate in, interventional and observational clinical research trials and studies we conduct on behalf of researchers, sponsors, institutions, and facilitators;

(b) ‘facilitators’ to refer to individuals, or individuals at businesses, that engage with us to facilitate the clinical research trials and studies (for example, sponsors, researchers, institutions, and funding partners);

(c) ‘suppliers’ to refer to individuals who provide us with goods or services, and individuals at businesses who provide us with goods or services (for example, recruiters, investigators, researchers, medical professionals and allied health professionals etc.);

(d) ’visitors’ to refer to individuals who engage with us on our Website and social media platforms, or who enquire about our functions or activities via phone or electronic means; and

(e) ‘applicants’ to refer to individuals who apply for employment or other engagement with us.

1.6 In some circumstances, you may belong to more than one of these groups, and multiple sections of this Privacy Policy will then apply to you.

‍

2. What is Personal Information, and what do we collect?

2.1 Personal Information is any information or opinion about you which personally identifies you or may reasonably be used to personally identify you, even if the information is not true, and whether or not it is in physical form.

2.2 Sensitive Information is a subset of Personal Information and includes information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information, and biometric information (that is, data derived from your physical characteristics, such as a fingerprint) and biometric templates (that is, a stored digital template of biometric information, such as a fingerprint or retina scan).

2.3 The kinds of Personal Information we collect about you depends on our relationship with you, and we limit the information we collect to what is reasonably necessary for one or more of our functions or activities.  Generally, we will collect your name, commentary or opinion about you, and other information relevant to providing you with the information, and services you or someone on your behalf are seeking.

2.4 If you are a participant, depending on the stage of activities you are engaging with, we will collect other Personal Information.  At a high level, this includes:

(a) For advertising stages, collecting name, date of birth, phone number, email address, and where necessary, basic medical information (including any health conditions, medicines or treatments that are relevant to determining eligibility for the services), and information related to your Website interactions with us;

(b) For pre-screening stages, collecting a more detailed medical history and your sex, height, and weight to assess eligibility for a clinical trial or study;

(c) For screening stages, collecting physical or biological samples and data, specialist reports provided by the participant (as necessary), and additional medical history to assess eligibility for a clinical trial or study; and

(d) For onsite participation, collecting medical data throughout the clinical trial or study.

2.5 If you are a facilitator, we will collect your employment contact information and information about your role, as well as any relevant declarations of interest;

2.6 If you are a supplier, we will collect your contact details, ABN (for sole traders and partnerships), business name, bank account details (for payment of your invoices), and information about your role.

2.7 If you are a visitor, we will collect your email address, information about your use of our Websites and the device you are using (including numbers that identify your device, IP address, geographic location of your IP address and device where that is relevant to the services and information we are providing, cookie information, and user preferences).  You may choose to enable or disable information you share with us via the Platforms in your browser or device settings.  Disabling the sharing of some information may affect your ability to use certain features of the Websites, and your visitor experience generally.

2.8 If you are an applicant, depending on your potential or actual position with us, we will generally collect your Personal Information contained within an application and CV/resume, employment history, personal information derived from a reference, personal information derived from an interview, personal information derived through testing (including psychometric or aptitude testing, as applicable), licences and other certificates and qualifications, and information included in a passport, birth certificate, visa or other documentation demonstrating your right to work in Australia.

2.9 We support your ability to make decisions about the Personal Information you provide to us, however if you choose not to provide us with the information requested, or it’s incomplete or inaccurate, we may not be able to provide you with the information, goods, and services you are seeking nor assist you on an anonymised basis if it is not lawful and practicable.  If you are an applicant, refusal to provide Personal Information may mean we are unable to process your application.

‍

3. How we collect your Personal Information

3.1 We will generally collect Personal Information directly from you when you interact with us, such as in person, by email, by phone, by enquiry or feedback form, or via our Websites, social media channels, interviews (via any method), any of our standard forms (including application forms), contract negotiation, our employment and engagement application process, our surveys (where applicable), or any other means when you provide us with your Personal Information.

3.2 We may also need to collect Personal Information about you from third parties from time to time where it is necessary for us to do so and it is unreasonable or impractical to collect directly from you, where you have consented to us doing so, or where we are otherwise required to or authorised to by law.  Those third parties include:

(a) if you are a participant: any person acting on your behalf or any third party assisting us to facilitate the clinical trial or study (including pathologists, medical imaging providers, and other medical professionals);

(b) if you are a supplier: publicly available records such as the Australian Securities Investment Commission and the Australian Business Register;

(c) if you are a facilitator: publicly available records such as the Australian Securities Investment Commission and the Australian Business Register;

(d) if you are a visitor: technology service providers and social media platforms; and

(e) if you are an applicant: referees when they provide references, academic institutions or training and certification providers, providers of licences and background-checking services, recruiters and other service providers who assist in the engagement process, and other publicly available sources such as social media platforms.

3.3 Except as otherwise permitted by law, we only collect Sensitive Information about you if you consent to the collection of the information (for participants: after understanding the proposed research and implications of participation) and if it is reasonably necessary for the performance of our functions and activities.  Consent may be implied by the circumstances existing at the time of collection.  There may also be circumstances under which we may collect Sensitive Information without your consent, as required or authorised by law.

3.4 If you provide us with Personal Information about someone else, you must ensure that you are authorised to disclose that information to us and that, without us taking any further steps required by applicable privacy laws, we may collect, store, use and disclose such information for the purposes described in this Privacy Policy.  Where we request you to do so, you must assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.

‍

4. Why do we collect, hold, use, and disclose your Personal Information?

4.1 We will generally collect, hold, use, and disclose your Personal Information if it is reasonably necessary for or directly related to the performance of our functions and activities and:

(a) to facilitate our internal business operations, including:

(i) establishing our relationship with you;

(ii) maintaining and managing our relationship with you, and communicating with you in the ordinary course of that relationship;

(iii) supplying you with information and services;

(iv) updating your Personal Information, including destroying it when it is no longer relevant (to the extent applicable);

(v) fulfilling our legal requirements, both at law and under our contractual arrangements with you;

(vi) analysing our services, and participant and supplier needs with a view to developing new or improved goods, services, and business operations;

(vii) conducting market research and monitoring use of our services;

(viii) contacting you to ask for your feedback or a testimonial;

(ix) if you are a participant: conducting clinical trials and studies, and contacting you for expressions of interest in future clinical trials and studies (which may involve pre-screening you on the basis of your Sensitive Information);

(x) if you are a supplier: purchasing goods or services from you, and enquiring about your products and services;

(xi) if you are a visitor: streamlining and personalising your experience within our Websites, and tailoring our information and services for you; and

(xii) if you are an applicant, considering your application with us.

(b) to provide you with information about other goods and services that we or our related entities and other affiliated organisations offer that may be of interest to you. You may unsubscribe from our mailing/marketing lists at any time by using the unsubscribe feature on any emails we send, or otherwise by contacting us in writing.  We do not use your Sensitive Information for direct marketing purposes;

(c) for any other purpose identified at the time of collection; and

(d) as otherwise required or permitted by law.

4.2 We may de-identify and aggregate Personal Information and Sensitive Information about you and your use of our services for research and reporting purposes, and to improve the quality of our services.  After we destroy Personal Information and Sensitive Information about you, we may retain de-identified and anonymised information (that can no longer be associated with you) and may continue to use this de-identified data indefinitely without further notice to you.

4.3 We may use or disclose Personal Information for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose set out above.

‍

5. Who we disclose Personal Information to

5.1 We generally disclose your Personal Information for the purposes for which it was collected (set out above).  We may disclose Personal Information about you to:

(a) our related entities;

(b) our employees, contractors, volunteers, consultants and other parties who require the information to assist us with the purposes for which it was collected, and with establishing, maintaining or terminating our relationship with you;

(c) government departments and agencies where required by law;

(d) third party service providers who assist us in operating our business and providing information, resources, goods and services to you or someone else on your behalf (including insurers, IT and technology service providers, recruitment providers, sponsors, and professional advisers such as lawyers, accountants, and auditors);

(e) third parties to whom you have agreed we may disclose your information and where the information was collected from you (or from a third party on your behalf) for the purposes of passing it on to the third party; and

(f) any other entity as otherwise required or authorised by law, including regulatory bodies.

5.2 If you are a participant, in addition to 5.2(a)-(f): we will disclose de-identified and aggregated information we collect during a clinical trial or study to the sponsor, researcher, institute, or facilitator who engaged us to conduct the clinical trial or study.

5.3 We may expand or reduce our business, and this may involve the sale and/or transfer of control of all or part of our business. Personal Information, where it is relevant to any part of the business for sale and/or transfer, may be disclosed to a proposed new owner or newly controlling entity for their due diligence purposes, and upon completion of a sale or transfer, may be transferred to the new owner, newly controlling party or a new related body corporate.

‍

6. Direct marketing

6.1 We will only send you direct marketing communications and information about our services via mail or email with your consent (which may be implied in some circumstances) or as permitted by law.

6.2 If you do not provide your consent to receive direct marketing communications, you may opt-out of receiving marketing communications from us by contacting us at the details below or by using the opt-out facilities provided in our communications.  

6.3 We do not provide your Personal Information to other organisations for the purposes of their direct marketing and will not sell, rent, or lease our customer lists to third parties. Our practices in regard to our emails are designed to be compliant with anti-spam laws, including Australia’s Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).  If you believe you have received mail in violation of these laws or any other anti-spam law, please contact us using the contact information in this Privacy Policy.

‍

7. Overseas disclosure

7.1 We are assisted by a variety of external service providers to operate our business and to provide you or someone else on your behalf with the information and services sought.  Some of these service providers may be located overseas, and they include RealTime Software Solutions, LLC located in the USA, Ripple Science Corporation located in the USA, Best Practice Software Pty Ltd located in Australia and New Zealand, and Microsoft located in the USA. Some of our related bodies corporate are located overseas, and we may disclose Personal Information to those overseas related bodies corporate as described in this Privacy Policy.

7.2 We take reasonable steps to ensure these service providers have appropriate security for your Personal Information and use it only for the purposes for which it was collected.

‍

8. How we store and protect Personal Information

8.1 We store your Personal Information in different ways, including in paper and electronic form.  We take all reasonable measures to ensure your Personal Information is stored on secure servers (which may be based in Australia or overseas) in a manner that reasonably protects it from interference, misuse and loss and from unauthorised access, modification or disclosure, including electronic and physical security measures, including:

(a) limiting access to the Personal Information we collect about you;

(b) only providing access to Personal Information once proper identification has been given; and

(c) requiring third party providers to have acceptable security measures to keep Personal Information secure.

8.2 We maintain and observe a data management plan which contemplates the risks associated with the collection, storage, and analysis of data, including the retention and destruction of such materials. When we no longer need your Personal Information for the purpose for which we collected it, we will take reasonable steps to destroy your Personal Information.  However, most of the Personal Information is or will be stored and kept by us for a minimum of seven years (unless legislation requires us to destroy it sooner).

8.3 Where we collect health information from you in the course of providing the services, and such health information contains a linkage of data sets or identifiers with your consent, we will take security measures to remove the identifiers once linkage is completed.

8.4 Despite the reasonable steps we take to secure your Personal Information, if you provide any Personal Information to us via our Websites (including email) or if we provide Personal Information to you by such means, the privacy, security and integrity of your Personal Information cannot be guaranteed during its transmission unless we have indicated beforehand that a particular transaction or transmission of information will be protected (for example, by encryption).

‍

9. Third party sites

9.1 Our Platforms and online services (including email messages we send you) may contain links to other websites, online services, and resources maintained by a third party (Other Services).  This Privacy Policy does not apply to such Other Services and the Group is not responsible for those Other Services.  If you access such Other Services, you do so at your own risk and we make no representations or warranties regarding third parties’ privacy practices.  

9.2 We encourage you to read the privacy collection statements and privacy policies of every Other Service you use.  When we do link to an Other Service, this does not automatically imply that the Group endorses that Other Service and their contents.

‍

10. Accessing or correcting your Personal Information

10.1 You may access the Personal Information we hold about you, subject to certain exceptions.  If you wish to access your Personal Information, please contact us via the below:

Email: contact@momentumclinicalresearch.com

Phone: 02 8038 1048

10.2 There are no charges for requesting access to or the correction of your Personal Information, however we reserve our rights to charge you any reasonable administration fees associated with your request. We will notify you in advance of any applicable fees.

10.3 We endeavour to respond to those requests within 30 days, but will otherwise respond within a reasonable period. We may decline a request for access to Personal Information in circumstances prescribed by the Privacy Act, Health Records Act 2001 (VIC), and Health Records and Information Privacy Act 2002 (NSW).  If we decline a request for access, where reasonable, we will provide you our reasons and information about your ability to complain about such refusal.

10.4 In order to protect the confidentiality of your Personal Information, details of your information will only ever be passed on to you where we are satisfied that the information relates to you.  Accordingly, we may request documentation from you which confirms your identity before passing on any Personal Information which relates to you.

10.5 If you believe the information we hold about you is incomplete, not up to date, or is inaccurate, please advise us as soon as practicable.  We will take reasonable steps to correct the information if we agree that it is incomplete, out of date, or inaccurate.  We will strive to process any request within 30 days.

‍

11. Making a complaint

11.1 Complaints about our Privacy Policy or the way we handle your Personal Information should first be directed to us at the details set out above.

11.2 We will investigate and attempt to resolve your complaint in accordance with the Privacy Act. If you are not satisfied with the outcome of this process, then you may contact the Office of the Information Commissioner, Australia. To lodge a complaint, visit the ‘Complaints’ section of the Information Commissioner’s website, located at http://www.oaic.gov.au/privacy/privacy-complaints, to obtain the relevant complaint forms, or contact the Information Commissioner’s office.

‍

12. Further information

12.1 If you require any further information or have any queries regarding our Privacy Policy, please contact our Privacy Officer at the details set out above.

12.2 Should you wish to read more information on the Privacy Act, we recommend that you visit the website of the OAIC at www.oaic.gov.au.

‍