Regulatory Information

These legally binding terms and conditions of use (“Terms”) apply to your use of the HITIQ ConneQt platform, the HITIQ Website, and all other associated platforms, portals, applications, software, APIs, products and services (collectively, the “Service(s)”), including the use of the Content and HITIQ Output Data made available to you via the Services.

By accessing or using the Services, you indicate that you have read and accepted these Terms and agree to abide by and be bound by all such Terms. If you do not accept these Terms, you must discontinue using the Services. 

‍1. Definitions

1.1 “Account” means an account registered by you on the Services.

1.2 “ACL" means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

1.3 “Content” means the written, visual, audio or other content published on or made available through the Service.

1.4 “HITIQ” (also referred to herein as "we", "us" or "our") means HITIQ Limited (ACN 609 543 213).

1.5 “HITIQ Output Data” means the data which is derived from the data collected via the HITIQ ConneQt platform and which is presented or made available to you through the Services.

1.6 “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

1.7 “User Content” means any written, visual, audio or other content that is posted, linked, shared or otherwise made available through a Service by you.

1.8 “Website” means the website hitiq.com and any other website or electronic interface on which these Terms appear.

1.9 “you” means the person, jointly and severally if more than one, acquiring, accessing or using the Service.

2. Application of the Terms

2.1 These Terms govern your use of the Services, the Content and the HITIQ Output Data.

2.2 HITIQ may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on the Service. While we will endeavour to notify you of any changes to these Terms, it is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your responsibility to stop using the Service. Your continued use of the Service after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.

2.3 HITIQ also may offer other Services from time to time that are governed by additional terms of service (“Additional Terms”). These Terms must be read in conjunction with any other applicable terms and conditions of use governing the use of the Service. Unless otherwise stated, the Additional Terms will prevail to the extent of any inconsistency between these Terms and the Additional Terms.

3. Services

3.1 The Services are owned and operated by HITIQ.

3.2 Through the Services you can:

a) use the HITIQ ConneQt platform;

b) view and analyse the HITIQ Output Data;

c) obtain information derived from the HITIQ Output Data;

d) access the Content; and

e) purchase products or services made available by HITIQ from time-to-time.

3.3 You acknowledge and agree that from time to time we may need to suspend access to all or a part of a Service while we fix defects and errors in the Service, install updates and undertake general diagnosis and maintenance of the Service, and that as a result of which the Service, the Content or the HITIQ Output Data may be less accessible or unavailable to you from time to time.

3.4 HITIQ reserves the right to permanently or temporarily vary, modify or discontinue any feature or component of the Services, or change the requirements to obtain access to the Services, at any time, without notice and without liability.

3.5 HITIQ reserves the right to determine the timing and content of software updates for the Services, which may be automatically downloaded and installed without prior notice to you.

4. Account

4.1 You may be prompted to register an Account with the Services and to submit certain information to complete such registration (“Account Information”). The Account Information may include, but is not limited to, your email address, name, date of birth, contact details, and payment details. All Account Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Account Information as required. You must keep your Account Information confidential. You are solely responsible for any loss or damage you may suffer because of your failure to do so.

4.2 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security your Account Information. 

4.3 Upon registration, you will create a username and password. Unless stated otherwise, each Account is for a single user only and not for multiple users. You are responsible for maintaining the confidentiality and security of your login and password details, and you agree that you will not share your password, let anyone else access your Account, or do anything that might put the security of your Account at risk. You are responsible for all activities on the Service which occur under your Account.

4.4 You may be unable to access or enjoy full use of the Services unless you register an Account.

4.5 HITIQ may suspend, terminate or cancel your Account and/or your access to any or all of the Service at its sole discretion. Where we suspend, terminate or cancel your Account, you must not attempt to re-register without our prior written consent from HITIQ.

4.6 We reserve the right to remove your username or similar identifier in respect of your Account if appropriate.

4.7 You may close your Account at any time, subject to you not having any outstanding transactions or payments owing in relation to your Account. By closing your Account, you acknowledge that you will still be bound by any of these Terms which by their nature are intended to survive, including but not limited to clauses 7, 8, 9, 10, 11, 13, 14, 15, 16 and 17.

5. Access to the Service

5.1 You represent that you are at least 16 years of age, or any higher minimum age to form a binding contract in the jurisdiction where you reside. If you are under the minimum legal age, you are not permitted to use or register an Account with the Services unless you first obtain the consent of your parent or guardian to use or register with the Service in accordance with applicable law, in which case your parent or guardian will be bound by these Terms and will be responsible for your actions. We reserve the right to seek any form of verifiable parental consent as we believe appropriate at any time.

5.2 We may refuse to offer the Services to any person and change the eligibility criteria at any time.

5.3 Use of the Service requires compatible devices, internet access, and certain software, may require periodic updates, and may be affected by the performance of these factors. We do not represent that the Services will be compatible with the device on which you are accessing the Service. You agree that these requirements, which may change from time to time, are your responsibility.

5.4 You are solely liable and responsible for any third-party charges incurred by you in accessing and using the Service, including in particular any network charges for fixed or mobile internet use.

6. Use of the Services, Content and HITIQ Output Data

6.1 Subject to these Terms, HITIQ grants you a non-exclusive, non-transferable, revocable license to:

a) access and use the Services in accordance with these Terms;

b) access and view the Content and the HITIQ Output Data through the Service; and

c) download and display the Content and the HITIQ Output Data locally for your personal, non-commercial use.

6.2 The Services, Content and HITIQ Output Data are for personal, non-commercial use only and may not be used in connection with any commercial endeavours unless specifically approved in writing by HITIQ.

6.3 You must not use, copy, adapt, modify, translate, disclose, distribute, license, assign, transfer or otherwise exploit the Services, the Content, or the HITIQ Output Data or any part thereof (including any third-party software incorporated or used in connection with the Services), except as expressly permitted in these Terms. No licenses or rights are granted to you, by implication or otherwise, except for the licenses and rights expressly granted in these Terms.

6.4 Without limiting the above, you must not, and must not permit or encourage any others to, do any of the following:

a) use the Services, or allow access to it, in a manner that circumvents usage restrictions that exceeds the licenses granted to you in these Terms;

b) breach or circumvent any security or authentication measures used or implemented by the Services;

c) publish or publicly distribute any Content (excluding your User Content) or HITIQ Output Data;

d) license, sub-license, sell, re-sell, rent, lease, transfer or distribute any portion of the Services, Content or HITIQ Output Data to any person, except as expressly permitted in these Terms;

e) access or use the Services, Content or HITIQ Output Data for the purpose of making derivatives or developing products or services intended to be offered to third parties in competition with the Services;

f) reverse engineer, decompile, disassemble or copy any of the Services, or otherwise attempt to derive source code from or about the Services;

g) use screen scraping or other data extraction methods in connection with the Services, Content or HITIQ Output Data;

h) use the Services or Content in a way that violates or infringes upon the rights of a third party; or

i) use the Services, Content or HITIQ Output Data in a manner that violates any applicable laws or these Terms.

7. Privacy

7.1 HITIQ may collect, use, store, record and transmit your Personal Information, which is entered on the Services or derived from the Services. 

7.2 We are committed to protecting your privacy. Please refer to our privacy policy for details regarding what types of personal information we collect and how we process personal information, which can be found at HITIQ.com/privacy-policy (“Privacy Policy”).

7.3 HITIQ will comply with your requests relating to any concerns about the protection of Personal Information held by HITIQ on behalf of you (if any). If you have any requests or concerns, you are requested to contact support@hitiq.com.

7.4 By using the Service, you consent to the collection and use of your Personal Information by HITIQ in accordance with the Privacy Policy.  

7.5 We reserve the right to change the Privacy Policy from time to time. Please visit the Service regularly and check our current Privacy Policy.

8. Warranties and Guarantees 

8.1 Except to the extent prohibited by applicable law, all implied warranties (including, without limitation, warranties of merchantability and fitness for a particular purpose) are expressly excluded.

8.2 Notwithstanding the above, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the user by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement. 

8.3 Our Services come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Services repaired or resupplied if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.4 We may provide additional product warranties and guarantees under the HITIQ Returns and Warranty Policy, which are incorporated into these Terms by reference. These are in addition to any other rights and remedies that you may have under the ACL.

9. User Content

9.1 HITIQ may enable you to post, upload or share User Content to the Services.

9.2 You are responsible for all User Content that you submit to, publish or display on the Services, including its legality, reliability and appropriateness.

9.3 By submitting, publishing or displaying User Content on the Services, you grant us the right to use, modify, publicly display, reproduce and distribute such User Content on and through the Services. You retain all of your rights to any User Content you submit.

9.4 You represent and warrant that you own any User Content uploaded by you or that you have the right to use such User Content, and that the submission, publication or display of your User Content on the Services will not cause you or us to breach any law, regulation, rule, code or other legal obligation.

9.5 You agree that any User Content that you submit, publish or display does not contain any obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, racially insensitive or discriminatory content.

9.6 We are under no obligation to regularly monitor the accuracy or reliability of the User Content posted by you. However, we reserve the right to modify or remove any User Content from the Website at any time if we believe, in our sole discretion, that the User Content may breach any of these conditions.

10. Disclaimers

10.1 You acknowledge that you use the Services at your own risk. We provide no warranty as to any results or outcomes associated with using the Services or that it is suitable for your intended use.

10.2 There is no guarantee that the Services will identify all potential head injury risks for any given user.

10.3 HITIQ does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Content or the HITIQ Output Data. HITIQ does not warrant or represent that the Content or the HITIQ Output Data is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The Content and the HITIQ Output Data is provided by HITIQ in good faith on an “as is” basis without warranty of any kind. You accept all risks associated with any reliance upon the Content and HITIQ Output Data.

10.4 HITIQ is not a medical organisation and we do not give or purport to give you any medical advice or assistance in any form. The Services, Content and HITIQ Output Data, or anything associated with them, should not be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.

11. Limitation of Liability

11.1 The provisions of this clause set out our entire liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with the Terms and your use of the Services, the Content and the HITIQ Output Data, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

11.2 To the fullest extent permitted by law, and subject to the ACL and any express warranties provided by HITIQ, you acknowledge and agree that HITIQ shall have no liability to you in connection with:

a) any injury, loss or damage arising out of or related to the use (or the inability to use) the Service or any action taken based on the Content or HITIQ Output Data provided via the Service;

b) any loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Service or Content; and

c) any indirect, incidental, special or consequential loss or damage, including loss of data, loss of business, loss of profit, loss of opportunity, business interruption, adverse effect on reputation and/or goodwill or lost profits.

11.3 Notwithstanding the above, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the user by the ACL or any other applicable law that cannot be excluded, restricted or modified by these Terms. 

12. Purchase and Payment

12.1 Your purchase and use of any physical products and paid Services are subject to the HITIQ Terms of Sale and HITIQ Returns and Warranty Policy, which are incorporated into these Terms by reference.

13. Indemnity

13.1 You agree to indemnify and hold harmless HITIQ, its directors, employees, agents, contractors and related entities ("the Indemnified") in respect of any loss, damage, injury or expense (including legal fees on a full indemnity basis) in connected with any third party claim made against the Indemnified in connection with:

a) any breach of these Terms by you; 

b) your use of the Content and the Services;

c) your User Content;

d) a breach of any applicable laws by you;

e) your breach of any third party's rights (including but not limited to intellectual property rights),

except to the extent the loss is caused by the actions of the Indemnified.

14. Third Party Material

14.1 You may be able, through hypertext or other links through a Service, to gain access to websites or materials which are not owned or operated by HITIQ (“Third Party Material”) from time to time. Unless otherwise specified, the Third Party Material is not owned by HITIQ and is not under HITIQ’s control.

14.2 The Third Party Material may have different terms and conditions and privacy policies which apply to the access of such material. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Material that you access.

14.3 You agree that HITIQ is not responsible for examining or evaluating the content or accuracy of the Third Party Material.

14.4 You acknowledge and agree that HITIQ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Material.

14.5 You agree that you will not use any Third Party Material in a manner that would infringe or violate the rights of any other party and that HITIQ is not in any way responsible for any such use by you.

15. Intellectual Property

15.1 You acknowledge and agree that the Services (including all processes, know-how, algorithms, and software used to develop and maintain the Services), Content and HITIQ Output Data is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of HITIQ or HITIQ’s third party suppliers or licensors as the case may be.

15.2 Other than your rights expressly granted under these Terms, you have no rights in or to the Services, the Content or the HITIQ Output Data, and you may not use the Services, the Content or the HITIQ Output Data except as permitted under these Terms. 

15.3 No part of the Services, Content or HITIQ Output Data may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without HITIQ’s prior written consent.

15.4 All trade marks, names and logos which appear on, or which are affiliated with, the Service are proprietary to HITIQ and/or its affiliates. Use of these marks without the owner’s consent will infringe the owner’s intellectual property rights. 

15.5 Nothing in these Terms should be interpreted as granting any rights to use or distribute any names, logos or trademarks except with the express written consent of the respective owner.

16. Termination

16.1 We may cancel or terminate your Account, without prior notice, for any reason, including if you breach these Terms, provided that if you are not in breach of these Terms, we will provide you with a prorated refund of any fees paid by you in advance to access any paid Services reflecting the period for which you did not benefit from the Services. 

16.2 Upon cancellation or termination of your Account, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall immediately cease and the HITIQ Output Data and certain Content (including your User Content) may no longer be available to you through the Services.

16.3 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we will give prior or subsequent notice to you.

16.4 Despite the termination or cancellation of your Account, you will still be bound by any of these Terms which by their nature are intended to survive, including but not limited to clauses 7, 8, 9, 10, 11, 13, 14, 15, 16 and 17.

17. General

17.1 These Terms are governed by the laws of Victoria, Australia. 

17.2 By accessing and using the Services, you agree to submit to the exclusive jurisdiction of the Courts of Victoria, Australia. 

17.3 If you access the Services from other jurisdictions, you are additionally responsible for compliance with any local laws that may apply to your use of the Services.

17.4 The publication of any HITIQ email addresses on the Service is to facilitate communications relating to the Service. It must not be inferred as consent by HITIQ to receive unsolicited commercial electronic messages.

17.5 HITIQ’s failure to enforce any of these Terms shall not be construed as a waiver of any of HITIQ’s rights.

17.6 If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.

Last Updated: March 2023

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INTRODUCTION

Welcome to HitIQ's privacy policy.

HitIQ respects your privacy and is committed to protecting your personal data. This privacy policy will tell you about how we look after your personal data when you use our products or visit our website (regardless of where you visit it from), and inform you about your privacy rights and how the law protects you.

1. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy policy

This privacy policy aims to give you information on how HitIQ collects and processes your personal data through your use of our products and website, including any data you may provide to us through It is important that you read this privacy notice together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements other notices and privacy policies and is not intended to override them.

Responsibility for your data

Controller: when you visit our website, purchase products directly from us, or if you have your 3D printed dentition taken directly by us, HitIQ is the controller and responsible for your personal data (collectively referred to as "HitIQ", "we", "us" or "our" in this privacy policy).

Joint Controller: if we partner with a club, team, league or association, or with a private insurance company, and we use your personal data for our own purposes outside the fulfillment of the contract in place, such as using non-anonymized impact data or sponsoring a study, then we act as a joint controller of your personal data

Processor: when one of our products is provided to you by your club, team, league, or association, then we act as a data processor of your data under a contract with your club, team, league or association.

DPO: We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. Please contact the DPO using the details set out below if you have any questions about this privacy policy, including any requests to exercise your legal rights.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Full name of legal entity: HitIQ Limited

Email address: privacy@hitiq.com
Postal address: Unit 4/38-42 White St, South Melbourne VIC 3205

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Children

This website is not intended for children. Persons under the age of 16, or any higher applicable minimum age in the jurisdiction where that person resides, are not permitted to use our products, or participate in trials unless their parent or guardian has consented in accordance with applicable law. If we learn that we have collected the personal information of a child under the relevant minimum age without parental or guardian consent, we will take steps to secure parent or guardian consent or delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at privacy@hitiq.com.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

• Identity Data includes first name, last name, username, or similar identifier.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Website Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. 
• Nexus Product Technical Data includes the 3D printed dentition of an individual’s upper teeth (biometric data), kinetic data captured by the mouthguard and any correlating video of impacts, club, team, league, or association that you are affiliated with and position in that team. 
• Smart Mouthguard Product Technical Data includes the 3D printed dentition of an individual’s upper teeth (biometric data), kinetic data captured by the mouthguard, and concussion symptom assessment data. 
• CSX Product Technical Data includes the head impact assessment data, baseline assessment data, and concussion assessment data, as well as return to play status. 
• ConneQt Product Technical Data includes concussion symptom data, concussion assessment data, and return to play status.
• CoVR Product Technical Data includes health background information, cognitive assessment data and metrics.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.  
• Usage Data includes information about how you use our website, products, and services. 
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

Special Categories of Personal Data

When you use our Nexus product, we need to capture some background health information and specific biometric information, such as making a 3D printed dentition of your upper teeth and kinetic data derived from your mouthguard - including information derived from that kinetic data. 

When you use our Smart Mouthguard product, we need to capture some background health information, current concussion symptom information, and specific biometric information, such as making a 3D printed dentition of your upper teeth and kinetic data derived from your mouthguard - including information derived from that kinetic data. 

When you use our CSX product, we need to capture some health data regarding concussion history and concussion assessment data. 

When you use our ConneQt product, we need to capture some health data regarding head impact incident description, symptom data, and concussion assessment data. 

Other than your use of the Nexus, Smart Mouthguard, CSX, and/or ConneQt products, we do not collect other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you or your club, team, league or association, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our product or the information that is generated by our products). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data, Nexus Product Technical Data, Smart Mouthguard Product Technical Data, CSX Product Technical Data, and ConneQt Product Technical Data by using our products, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• purchase our products or services directly;
• set-up an athlete account on our web application;
• participate in studies that we sponsor;
• subscribe to our service or publications; 
• request marketing to be sent to you;
• enter a competition, promotion, or survey; or
• give us feedback or contact us. 

• Indirect Product Interactions. If your club, team, league or association have a contract with us, they may provide you with one of our products and set you up as a product user via our web application. Your personal information will then be provided to us through your use of our products.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Website Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
• Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below: 

Website Technical Data from the following parties:

1. analytics providers (such as Google based outside the UK/EU); 
2. search information providers (such as Google) based outside the UK/EU].

• Contact, Financial and Transaction Data from providers of technical, payment and delivery services based in Australia.
• Identity and Contact Data from publicly available sources such as club or team websites.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where we need to perform a contract that we have entered into with your club, team, league or association.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.
• Where we have obtained your consent or explicit consent, such as participation in a study sponsored by us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

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Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You can unsubscribe at any time from any direct marketing message received from us.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased products or services from us and you have not opted out of receiving marketing messages from us.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us from a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in the table above.

• Internal Third Parties - other companies in HitIQ’s Group of companies acting as joint controllers or processors, based in Australia, the United States and the UK, who provide sales and support (such as taking a 3D printed dentitions).
• External Third Parties, such as:
• Data center infrastructure based in Australia, the United States, the UK, and the EU.
• Your club, team, league, or association who have a contract in place with us for the provision of our products.
• Service providers acting as processors based in Australia, the United States and the United Kingdom who provide dentition support and IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers based in Australia who provide consultancy, banking, legal, insurance and accounting services.
• Relevant tax authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
• Research study co-sponsors if you have agreed to participate in one.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

We are an Australian headquartered company. If you are based in the UK or EU, this will involve transferring your data outside the UK and EU.

Many of our external third parties are also based outside the UK and the EU, so their processing of your personal data will involve a transfer of data outside the UK or the EU.

Whenever we transfer your personal data out of the UK or the EU, we ensure a similar degree of protection is afforded to it by ensuring that the country to which we are sending it to has what the UK and EU deem ‘adequate’ level of protection for personal data, or, we enter into approved standard contractual clauses that govern the protection of your personal data.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or the EU.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you or the controller of your data and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

In some circumstances you can ask us to delete your data: see Your Legal Rights below for further information.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research, product, or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Under certain data protection laws, you may have the right in relation to your personal data to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful, but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints

If you are based in Australia, the UK or in the EU, you have the right to make a complaint at any time to your applicable regulator for data protection issues. For example, in Australia it is the Federal Privacy Commissioner, and in the UK it is the ICO. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

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Manufacturer Information

PROTEQT Charger Case

Product name: Individual PROTEQT  Mouthguard Charger Case

Model Number: NEX-MC-0002

Manufacturer Information: HITIQ Limited, Unit 4, 38-24 White St., South Melbourne 3205, Victoria, Australia

Made in Australia

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PROTEQT Mouthguard

Product Name: PROTEQT Easy Fit Mouthguard

Model Number:  BB-MG-1-0001

Manufacturer Information: HITIQ Limited,

Unit 4, 38-24 White St., South Melbourne 3205, Victoria, Australia

Made in USA