The website available at www.rhythmio.com (‘Website’) is operated by Rhythm Biosciences Ltd (ABN: 59 619 459 335) and its related bodies corporate (RHY, we, us).

1. Acceptance

By accessing or using the Website you agree to be bound by the RHY Website Terms of Use (Terms). If you do not agree with these Terms (including any amendments to these terms) you must immediately cease using the Website.

These Terms apply to all users of the Website. If you sign up to any of our services, or download our apps or software, if and where applicable, then additional terms and conditions may apply (Additional Terms). To the extent of any inconsistency between any relevant Additional Terms and these Terms, the Additional Terms prevail.

2. Amendments to Terms

We may amend these Terms at any time or for any reason following 7 days’ notice on our Website (unless the changes are required to comply with any law, in which case such changes take effect immediately). You should check the Website from time to time to make sure you are aware of any changes.

3. Intellectual Property Rights

The intellectual property rights contained and associated with the Website and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the Website (Content) are either owned by RHY, or licensed to us, and all rights in the Content is reserved.

We grant you a limited right to access the Website and view the Content, subject to these Terms. You must not copy, modify, adapt, publish, transmit, commercially exploit, reproduce or distribute any Content unless you have first obtained our written consent to do so. RHY reserves the right to review, edit, move or delete any Content at any time without notice.

If you upload any content or material to the Website or provide us with any ideas, concepts or suggested improvements to the Content or our services (User Content), you grant us a non-exclusive and royalty-free licence to use, modify, adapt, publish and exploit the User Content for any purpose without reference to you. You warrant that you have all rights and permissions necessary to provide, upload and grant the licence to the User Content to us and you agree to indemnify RHY if any third party takes action against us in relation to the User Content you provide. If you post any User Content to our Website, we have the right to take it down or modify it at our sole discretion and without notice.

4. Use of the Website

When using and accessing the Website you must comply with all laws. You also must not:

• use data mining or similar data gathering tools on the Website or in relation to any Content;
• use the Website to send unsolicited email, junk mail, ‘spam’, or chain letters, or promotions or advertisements for products or services;
• upload, post or transmit any defamatory, abusive, racist, obscene, threatening or pornographic content to the Website or any materials which infringe the rights (including intellectual property rights) of RHY or any third party;
• upload or permit any virus or malicious code to adversely affect the Website or any associated equipment, or interfere with or disrupt the operation of the Website;
• reverse engineer, decompile or disassemble, or otherwise attempt to derive the source code of, the Website or Content any part thereof;
• use the Website to mislead or deceive others; or
• collect or store data about other users of the Website or interfere with any other user of the Website.

If you think any Content on the Website is inappropriate, inaccurate, out of date, unlawful or infringes your rights, please contact us (refer to clause 13).

5. Linking and framing

The Website may contain links to other websites and may display content or information (including advertisements) from other websites. RHY is not responsible or liable for that content and does not warrant the accuracy, completeness, currency or suitability of that content for any purpose. RHY is not responsible or liable for:

• the availability or accuracy of such websites or resources; or
• the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement by RHY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from the use of any such websites or resources.

6. Privacy

Any personal information collected through your use of the Website will be dealt with in accordance with our Privacy Policy.

7. Termination or suspension of the Website

RHY has the right to terminate or suspend the operation of the Website (including in part) for any reason, without notice and without liability. RHY may (without limitation) suspend the Website to conduct maintenance or to implement updates.

8. Monitoring by RHY

You acknowledge that RHY has no obligation to monitor your use of the Website, but it has the right to do so at any time for its own business purposes, including as required to determine your compliance with these Terms or to comply with any law or government authority request.

9. RHY does not provide medical advice

RHY is not a medical organisation and cannot give you medical advice or diagnose conditions. The Content is provided for information purposes only and should not be used to diagnose or treat any medical condition. Always seek and never disregard the advice of your doctor or other qualified healthcare providers regarding a medical condition. If you experience any pain or exacerbation or have a change in medical condition, you should immediately seek medical assistance.

RHY does not perform any independent analysis or investigation of any of the Content. RHY does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided in the Content. RHY does not endorse or advocate the use of any product or procedure described in the Content, nor is RHY responsible for misuse of a product or procedure referred to in the Content.

The Website and Content is provided ‘as is’. Subject to clause 10, to the maximum extent permitted by law, RHY excludes all warranties, representations, implied terms and guarantees about the currency, accuracy, completeness, suitability, functionality, fitness for any purpose or reliability of the Website or any of its Content. Without limitation, RHY does not warrant that:

• the Website or any of its functions will be uninterrupted or error free;
• defects will be corrected; or
• the Website or any server that makes it available is free of errors, viruses or malicious code.

10. No exclusion of your statutory rights

Nothing in these Terms is intended to exclude, restrict, or modify the application of any applicable statutory consumer protections. In respect of any conditions, warranties and guarantees which cannot be excluded under statute (including the Australian Consumer Law), to the extent permitted by law, the liability of RHY for a breach of such condition, warranty or guarantee is limited to any of the following (the choice of which is to be at RHY’s discretion, to be exercised reasonably):

• in the case of goods, any one or more of the following:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and
• in the case of services:
  • supplying of the services again; or
  • the payment of the cost of having the services supplied again.

11. Exclusion of liability

Subject to clause 10, to the maximum extent permitted by law, RHY and its directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of use, loss of data, loss of business or profits, business interruption or loss of opportunity) which you suffer or incur, whether arising under contract, tort (including negligence), equity, statue, or otherwise, as a result of:

• using the Website;
• relying or any Content available on or from the Website (or content from websites linked to our Website);
• any inability to access or use the Website; or
• any Content (or content from websites linked to our Website) being incorrect, incomplete or not up to date.

12. General

These Terms are to be governed by and construed in accordance with the law in force in Victoria, Australia and you unconditionally submit to the non-exclusive jurisdiction of the courts having jurisdiction there.

Although Australian websites may be accessed outside of Australia, we make no representation that the Content or the Website complies with the laws of any other country. If you access the Website from outside Australia you are solely responsible for ensuring compliance with your local laws.

If RHY does not take action in relation to a particular breach of these Terms, this will not be treated as a waiver by RHY of any right or remedy in respect of any existing or future breach of these Terms.

13. Contact details

You can contact RHY at [email protected]

These Terms of Use were last updated on 15 May 2023.

Rhythm Biosciences Limited (RHY, Company, we, us, our) is committed to handling your personal information in a uniform, equitable and ethical manner. The protection of your personal information is something RHY takes very seriously.

In conducting and operating our business we may collect, use and disclose personal information. Personal information will only be collected by lawful and fair means from the individual concerned or their authorised representative. The collection of ‘sensitive data’ will only be in accordance with the law.

RHY is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) and other State and Territory legislation in managing your personal information.

The personal information in which we may collect and retain includes when you:

• Contact customer support;
• Communicate with us via email, direct calling, or when you otherwise submit information via the information services and Rhythm Biosciences employees;
• Register on one of our digital platforms;
• Order products from us;
• Visit our website;

By providing personal information to us, you consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply may have been agreed between us.

We may also collect information about you from other sources, such as third parties who provide services to us.

If we receive personal information that we have not requested (unsolicited information) then we will destroy or de-identify the information if it is lawful and reasonable to do so.

Additionally, RHY may also conducts certain online activities through the RHY website. The collection of personal information through these activities and information associated with this website is dealt with below.

We may collect personal information about you which may include:

• your name;
• your email and mailing address;
• your phone number;
• your date of birth, age;
• your sex;
• your contact preferences;
• your language;
• your professional details (eg. education, place of work, medical specialty, and medical ID number;
• your details for invoicing;
• activity data, when an email sent by us was opened by you, or if you;
• accepted an invitation to an activity organised by the company;
• information from your visits to our websites, including the type of browser and operating system you use, access times, pages viewed, URLs clicked on, your IP address and the page you visited before navigating to our website;
• your responses to any surveys that you may choose to participate in; including
• screening of different diseases

As a general rule, RHY only processes personal information for purposes that would be considered relevant and reasonable in the circumstances to operate its business. RHY will only collect information that is necessary for the purposes as described in this Privacy Policy, or other purposes specifically communicated to you.

RHY collects, holds, uses, and discloses personal information to:

• provide relevant RHY services to you;
• deliver the information or products you requested;
• assist you with a support query/feedback in connection with a RHY service;
• comply with any legal and regulatory obligations;
• perform statistical analysis;
• direct promotion and providing information about our products, when you have consented to receiving marketing and promotional updates from the company;
• otherwise to run our business, including business development activities; and
• contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

We do not sell personal information for marketing purposes to other organisations.

We protect personal information with appropriate safeguards and security measures and restrict access to those who have a legitimate business purpose and reason for accessing it. Personal information is only retained for as long as it is necessary for the identified purposes or as required by law.

All personal information collected by RHY is held securely, whether on RHY’s physical files (paper files), in RHY’s computer systems or in a database (which may be hosted by RHY’s or a third party on RHY’s behalf). This information is only made available to RHY’s staff on a 'need to know' basis and for the purposes outlined above or to other people as outlined in this Privacy Policy who have agreed to treat that information confidentially. These databases are protected by a firewall as well as host-based security.

Our website may contain links to websites operated by third parties. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, or security of those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from this Policy, so we encourage individuals to read them before using those websites.

You may request access to the personal information we hold about you.  You can also request that corrections be made to it.  We will respond to your request within a reasonable time.

There are some circumstances where we are not required to give you access to or correct your personal information.  We will normally give you a written notice setting out our reasons for not complying with your request and informing you of how you can complain about our refusal.

There is no fee for requesting access to your personal information or for us to make corrections.  However, we may charge a fee for our costs involved in collating and providing you with access to any personal information.  If charged, that fee is payable before access is given.

What to do if you would like to make a complaint.

i[email protected]

We will endeavour to respond to your question, concern, or complaint within 2 working days.

If your concerns are not resolved to your satisfaction, you may be able to escalate your complaint to the Office of the Australian Information Commissioner on 1300 363 992 or by email on [email protected]. You can also visit their website and obtain further information relating to the Australian Privacy Legislation and the Australian Privacy Principles at www.oaic.gov.au

This Privacy Policy outlines our current privacy standards. We may vary our Privacy Policy from time to time. We will notify you of any changes by publishing the latest policy from time to time at www.rhythmbio.com

This Privacy Policy was last updated on 15 May 2023.