Terms of Service

END USER LICENCE AGREEMENT

This End User Licence Agreement (EULA) is entered into between Singular Health Pty Ltd (ABN 49 636 261 919) (the Licensor) and the person specified in the Order particulars applicable to this EULA (the Licensee) and the terms of the EULA supplement and apply in connection with any document marked ‘purchase order’ or ‘order’ which attaches or references this EULA regarding the provision of a platform and software licence and related services by the Licensor to the Licensee (an Order).

1 TERM & EXECUTION

1.1 The initial term of this EULA is 12 months starting on the date this EULA is executed in accordance with clause 1.3(the Commencement Date) (the Initial Term).

1.2 Unless terminated earlier, the term of this EULA will extend for a further 12 months upon expiration of the Initial Term or the expiration of any subsequent 12 month term (each a Subsequent Term).

1.3 By issuing an Order, the Licensor is deemed to have electronically executed this EULA in connection with that Order. By electronically signing or otherwise electronically accepting the Order through the Licensor’s purchase order system (Executing), the Licensee acknowledges and represents that it has read and understood the Order and this EULA and agrees to be bound by the both the Order and this EULA.

1.4 The Licensee warrants that the person Executing this document on its behalf has authority to Execute this agreement on behalf of the Licensee.

2 LICENCE

2.1 During the Term, the Licensor hereby grants to the Licensee, and the Licensee accepts, a personal, non-exclusive, non-transferable and non-assignable licence to:

(a) access and operate the Health Academy platform (the Platform) for educational purposes;

(b) access and use the Virtual Anatomy software (the Software) for its business purposes on the Designated

Equipment situated at the Location;

(c) use the Documentation internally within its organisation to support its use of the Platform and Software in accordance with the terms of this EULA,

(the Licence).

2.2 The Licensee may only allow such number of Users as specified in the Order to have access to the Platform and

Software at any one time.

2.3 The Licence is granted on such terms as expressly set out in this EULA and all rights not directly set out herein are reserved by the Licensor, in particular the Licensee must not:

(a) use the Software on any equipment other than the Designated Equipment, provided that if the Designated Equipment becomes temporarily or permanently inoperable, then the Licensee may use the Software on back up equipment until the Designated Equipment is repaired or replaced;

(b) grant, willingly or unwillingly, any third party direct access to the Platform or Software, including, without limitation, by way of lease, download, as an application service provider, or any other method;

(c) sub-license or otherwise transfer the use of the Platform and Software, whether in whole or in part, to any third party;

(d) modify, translate or create derivative works based on the Software, nor reverse assemble, de-compile or reverse engineer the Platform or Software, whether in whole or in part, nor shall it permit, whether directly or indirectly, any third party to do any of the same;

(e) make any copies of the Platform or Software, provided that the Licensee may copy the Platform or Software into any machine readable or printed form for back-up purposes in order to use such copy in place of the original Software should a failure occur on the Designated Equipment and provided that the Licensee agrees to keep any such copy safe and secure from third party or unauthorised access; or

(f) remove any proprietary notices or labels on the Software.

2.4 The Licensor may request the Licensee to provide such information as it reasonable required in order for the Licensor to generate a personal account and login details which shall be provided by the Licensor to the Licensee for the purposes of registering the Licensee’s use of the Platform pursuant to the Licence and the Licensee hereby acknowledges that:

(a) log in details are required for it to operate and use the Platform; and

(b) the Licensor may withhold, withdraw or terminate a registration on the Platform:

(i) upon termination of this EULA for any reason, including in accordance with clause 8; or,

(ii) in the event the Licensee breaches any terms of this EULA, as determined by the Licensor acting reasonably.

2.5 The Licensor, or any nominated representative of the Licensor (which may include the Reseller), may, at its discretion, inspect the Licensee’s Designated Equipment during Business Hours in order to verify the Licensee’s compliance with the terms of the Licence and this EULA.

3 LICENCE FEES

3.1 As consideration for the Licence granted in accordance with this EULA, the Licensee shall pay the Reseller or Licensor (as applicable as stated in the Order) (the Invoicing Party) the Fees set out in the Order.

3.2 The Invoicing Party may invoice the Licensor the Licence Fees in accordance with the invoicing schedule set out in the Order (an Invoice), with any Invoice required to:

(a) clearly state the Platform and Software to which it relates;

(b) clearly identify the manner of calculating the amount payable by the Licensee under the Invoice; and

3.3 The Licensee must pay the amounts specified in an Invoice to the Invoicing Party at the account details provided on the Invoice within 30 days of receipt of the Invoice (the Payment Period).

3.4 The Licensee will be liable to pay interest on any amounts not paid within the Payment Period at the rate of interest (percent, per annum) quoted as the default interest rate for business overdraft reference rates by the Commonwealth Bank of Australia as may be changed from time to time, calculated daily and compounded monthly in arrears, from expiration of the Payment Period to the date of actual payment, both days inclusive.

3.5 The Licensor may, at its sole discretion, increase the Fees payable by the Licensee in respect of any Subsequent Term, provided that such increase will not exceed the Perth All Groups CPI change for the preceding year as published by the Australian Bureau of Statistics, by more than twenty percent (20%).

3.6 In this clause 3.6, a word or expression defined in the GST Act which is not otherwise defined in this agreement has the meaning given to it in the GST Act. All consideration provided under this agreement is exclusive of GST (which has the meaning given in the GST Act) unless it is specifically expressed to be GST inclusive. If a party (Supplier) makes a taxable supply to another party (Recipient) under or in connection with this Agreement, the Recipient must pay the Supplier an additional amount equal to the GST payable on the supply (unless the consideration for the taxable supply was specified to include GST). The additional amount must be paid by the Recipient by the later of:

(a) the date when any consideration for the taxable supply is first paid or provided; and

(b) the date when the Supplier issues a tax invoice to the Recipient.

This clause 3.6 will survive the termination of this EULA by any party.

4 INSTALLATION AND SUPPORT

The Platform and Software shall be implemented, maintained and supported by the Invoicing Party pursuant to the terms of a separate agreement entered into between the Licensee and the Invoicing Party and nothing in this EULA obliges the Licensor to provide any implementation, maintenance or support in respect of the Software save as expressly stated herein.

5 EXCLUDED ERRORS

Neither the Licensor, nor the Reseller (if applicable), shall be liable for any delay, failure, breakdown, damage, loss, costs, claim, penalty, fine or expense arising from any Excluded Error.

6 SOFTWARE WARRANTIES

6.1 The Licensor warrants that:

(a) it is entitled to grant the Licence;

(b) whilst not warranting that Platform and Software will be error-free, the Platform and Software will conform and continue to conform in all material respects to the Functional Specifications to a standard and reliability similar to industry standard software like the Platform and Software provided by software providers like the Licensor;

(d) the Platform and Software will not infringe any Intellectual Property Rights of any third party, and the Licensor shall, at its cost, defend the Licensee against any claim that the Platform and Software, infringes any such right of a third party, provided that the Licensee gives prompt notice to the Licensor of such claim, the Licensor controls the defence thereof and the Licensee gives its permission, on receipt of a written request, for its name to be used in proceedings (such permission not to be unreasonably withheld or delayed) and provide at the Licensor’s expense, all reasonable assistance in defending any action or claim.

6.2 Should any third party obtain an injunction or other determination, that is adverse to the Licensor, from a court with competent jurisdiction for the infringement of any Intellectual Property Rights, the Licensor, shall, at its sole discretion and within 30 days of the infringing software having been found to so infringe:

(a) obtain for the Licensee the right to continue using the infringing Platform and Software or the parts thereof which constitute the infringement;

(b) replace the infringing Platform and Software or the parts thereof which constitute the infringement with another product which does not infringe and which operates substantially in accordance with the Functional Specifications;

(c) alter the infringing software in such a way as to render it non infringing while still in all respects operating substantially in accordance with the Functional Specifications; or failing any of the above

(d) withdraw any infringing software and refund to the Licensee the full amount of the Fees paid by the Licensee during the current 12 month term of this EULA (be it the Initial Term or any Subsequent Term), in respect of the Software.

6.3 The warranties provided pursuant to this clause 6 do not apply to any failure of the Platform and Software:

(a) caused by an Excluded Error;

(b) caused by the defective implementation of the Platform and Software by the Reseller;

(d) caused or contributed to by any malicious act of software disruption, theft, or analogous matters such as hacking, malware, computer virus or ransomware.

(e) Caused or contributed to by any content added or delivered by the platform and/or software that has been created, added, modified, or deleted by the user.

7 INTELLECTUAL PROPERTY RIGHTS

The Licensee agrees and acknowledges that:

(a) all Intellectual Property Rights in and to the Platform and Software are and will remain the sole property of the Licensor and the Licensee shall not question or dispute the ownership of such rights at any time during the Term or thereafter; and

(b) the Platform and Software constitute the Confidential Information of the Licensor.

8 TERMINATION

8.1 In the event the Licensee:

(a) fails to pay any amount due and payable under this EULA;

(b) fails to comply with any term or condition of this EULA and fails to remedy such default within 14 days of receipt written notice from the Licensor requiring the Licensee to remedy such default, or

then the Licensor may, without prejudice to any other rights which it may have at law or under this EULA, terminate this EULA upon written notice.

8.2 Either Party may terminate this EULA for convenience on provision of no less than 2 months written notice, provided that should the Licensee terminate this EULA pursuant to this clause 8.2, the Licensee will note be entitled to any refunds of Fees paid by the Licensee and such termination will not relieve the Licensee of any accrued obligations to the Licensor.

8.3 Upon termination, cancellation or expiry of this EULA the Licensee shall immediately cease its use of the Platform and Software and shall, within 7 days of the date of termination hereof, deliver up to the Invoicing Party, or at the Invoicing Party’s option, destroy all copies of the Platform and Software and any other Confidential Information in its possession and procure that an authorised officer of the Licensee certify that same has been done.

8.4 Termination of this EULA will not affect:

(a) the enforceability of any provisions of this EULA which are intended to operate after the expiry or termination; or

(b) the accrued rights of the Licensor under this EULA.

9 LIMITATION OF LIABILITY

9.1 The Licensors maximum liability for general and, or, direct damages for any breach of this EULA shall be limited to an aggregate amount of Fees which would be paid by the Licensee during a 12 month period following the date on which the relevant cause of action first arose and such maximum amount shall be an aggregate amount for all claims arising under this EULA.

9.2 Neither party shall be liable to the other for any consequential, incidental, indirect or special damages (including, without limitation, arising from loss of income, loss of goodwill or profits, business interruption) arising out of this EULA. However, notwithstanding anything to the contrary contained in this EULA, no limitation or exclusion of liability shall apply in the case of:

(a) any breach of confidentiality or intellectual property undertakings;

(b) indemnification obligations;

(d) gross negligence,

by the Licensee.

10 INDEMNITY

The Licensee indemnifies the Licensor and its personnel against any loss, claim, damage, expense, cost (including legal costs on a full indemnity basis), proceeding, liability or charge of any nature that the Licensor may sustain or incur as a result or as a consequence of the Licensee’s breach of this agreement or any negligent, unlawful, wilful or fraudulent act or omission of the Licence or its personal in connection with this agreement.

11 CONFIDENTIALITY

11.1 The parties agree to keep all Confidential Information confidential and to disclose it only to their officers, directors, employees, consultants and professional advisers who:

(a) have a need to know (and then only to the extent that each such person has a need to know);

(b) are aware that the Confidential Information should be kept confidential;

(d) have been directed by the relevant party to keep the Confidential Information confidential and have undertaken to keep the Confidential Information confidential.

11.2 This clause does not apply to information that is required to be disclosed by a party by Law, including pursuant to the rules of the Australian Securities Exchange. Refer to the Privacy Policy published on the website.

12 PRIVACY

In relation to any personal information (as that term is defined in the Privacy Act 1988 (Cth) (the Privacy Act)) (Personal Information) provided to the Licensor in connection with this EULA or the supply of the Licence, the Licensee warrants to the Licensor that it will comply with the Privacy Act with respect to the collection, use, storage or disclosure of Personal Information to the Licensor.

13 NOTICES

13.1 A notice, demand, consent, approval or other communication under this EULA (Notice) must be in writing, in English

and sent to the other parties notice details as set out in an Order.

13.2 A Notice given in accordance with clause 13.1 takes effect when taken to be received and is taken to be received:

(a) if hand delivered, upon delivery;

(b) if sent by post, on the second Business Day after despatch; and

(c) if sent by email, immediately, unless the party issuing the Notice receives a notice from its email system that the Notice was not delivered,

but if the time it is taken to be received is not a Business Day or is after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day.

14 FORCE MAJEURE

No party is liable for any failure to perform or delay in performing its obligations under this EULA if that failure or delay is due to anything beyond that party’s reasonable control, including but not limited to, fire, storm, flood, earthquake, explosion, war, invasion, rebellion, sabotage or epidemic. However this clause does not apply to any obligation to pay money.

15 DISPUTES

15.1 In the event of any dispute arising from the performance of the EULA between the Licensor and the Licensee then either party may issue a written notice of dispute to the other party setting out the matters in connection with the EULA that are in dispute. The notice of dispute must adequately identify the subject, matters, or differences in dispute.

15.2 The parties shall make every effort to negotiate a settlement of any notified dispute. If after thirty (30) days from the date of receipt of a written notice of dispute, or such other time as may be mutually agreed in writing by both parties, the dispute has not been resolved either party may refer the dispute for mediation to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement, by a person appointed by the Chair of Resolution Institute or the Chair’s designated representative. Any mediation will be conducted in accordance with the Resolution Institute Mediation Rules.

15.3 It is a condition precedent to the right of either party to commence arbitration or litigation (other than for interlocutory relief) that it has first offered to submit the dispute for mediation in accordance with clause 15.2.

15.4 Each party shall continue to perform their respective obligations under the EULA irrespective of the existence of any dispute.

16 MISCELLANEOUS

16.1 This EULA constitutes the entire agreement between the parties in respect of the subject matter hereof and neither party shall be bound by any undertakings, representations, warranties or promises not recorded in this EULA.

16.2 No variation or consensual cancellation of this EULA and no addition to this EULA shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives.

16.3 No waiver of any of the terms and conditions of this EULA will be binding or effectual for any purpose unless expressed in writing and signed by the party hereto giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either party hereto in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

16.4 Should any of the terms and conditions of this EULA be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable. If any term or condition held to be invalid is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity.

16.5 This EULA will be governed by and construed in accordance with the laws of Western Australia and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

16.6 Notwithstanding termination of this EULA, any clause which, from the context, contemplates ongoing rights and obligations of the parties, shall survive such termination and continue to be of full force and effect.

16.7 Each party shall bear and pay its own fees and costs of and incidental to the negotiation, drafting, preparation and execution of this EULA.

16.8 This EULA may be executed electronically in counterparts. Counterparts may be executed in accordance with clause 1.3 and may, upon the written request of either party, be exchange by email or other electronic exchange. All executed counterparts constitute one document.

17 INTERPRETATION

17.1 If a party discovers any inconsistency between documents comprising the EULA it shall immediately notify the other party in writing. In the case of any such inconsistency the agreed order of precedence of documents shall be as follows;

(a) this EULA;

(b) the Order;

(d) the Documentation (excluding the Functional Specifications); and

(e) the Licensor’s website.

17.2 In the event of an inconsistency or ambiguity within any of the parts of this EULA as set out at clause 17.1 then the interpretation less onerous to the Licensor (as determined by the Licensor) shall apply whether or not it is more onerous to the Licensee and the Licensee shall be deemed to have allowed for such interpretation when entering the EULA.

17.3 Headings and sub-headings are inserted for information purposes only and shall not be used in the interpretation of this EULA.

17.4 Unless otherwise stated, references to clauses, sub-clauses or paragraphs are to be construed as references to clauses, sub-clauses or paragraphs of this EULA.

17.5 References to:

(a) persons shall include natural persons, companies, corporations and partnerships;

(b) any party shall, where relevant, be deemed to be references to, or to include, as appropriate, their respective successors or permitted assigns;

(d) any one gender shall include a reference to all other genders.

17.6 When any number of days or months is prescribed in this EULA, same shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next Business Day.

17.7 The rule of construction that the EULA shall be interpreted against the party responsible for the drafting or preparation of the EULA, shall not apply.

17.8 The words “include”, “includes”, and “including” means “include without limitation”, “includes without limitation”, and “including without limitation”. The use of the word “including” followed by specific examples shall not be construed as limiting the meaning of the general wording preceding it.

17.9 Terms other than those defined within the EULA will be given their plain English meaning, and those terms, acronyms, and phrases known in general commercial or industry specific practice, will be interpreted in accordance with their generally accepted meanings.

18 DEFINED TERMS

18.1 In this agreement:

(a) any term defined within, as indicated in bold within parentheses, has the meaning given therein.

(b) Business Day means any day which is not a Saturday, a Sunday or a public holiday in Western Australia.

(d) Confidential Information means all information of a party whether verbal, written, or in electronic form including which:

(i) is by its nature confidential;

(ii) is designated by a party as confidential; or

(iii) a party knows or ought to know is confidential.

(e) Defect means a reproducible programming error, malfunction or defect in the Platform or Software, other than an Excluded Error, that causes the Platform or Software to fail to operate substantially in accordance with the Functional Specifications. A Defect shall be “reproducible” for purposes of this EULA if it can be reproduced and verified using the specific input data and other conditions, as reported by the Licensee to the Licensor, that generated the reported error, malfunction or defect.

(f) Designated Equipment means the equipment on which the Platform and Software will be loaded, which equipment shall be required to meet the minimum hardware specification as notified by the Licensor to the Licensee from time to time, provided that the Licensee acknowledges that:

(i) such specification may change from time to time in accordance with any upgrades or modifications to the Software; and

(ii) and depending on the Licensee’s configuration of such equipment, performance may vary.

(g) Documentation means such documentation describing the Platform and Software and its Functional Specifications and the user documentation for the Platform and Software as may be made available by the Licensor from time to time, including the user documentation which accompanies the Platform and Software, or is included in the help files forming part of the Platform and Software, and online user documentation for the Platform and Software, which may be made available to the Licensee via the Licensor’s website, all of which shall be incorporated into this EULA by this reference.

(h) Excluded Error means any error, defect or malfunction in the Platform and Software caused by:

(i) hardware used with or by the Platform and Software including the Designated Equipment;

(ii) proven interference by any User or any third party platform or software, or any platform and software other than the Platform and Software;

(iii) modification or alteration of the Platform or Software by persons other than the Licensor;

(iv) the misuse or abuse of the Platform and Software by any User or other third party;

(v) use of Platform and Software on any system other than the Designated Equipment;

(vi) data supplied by the Licensee or any User which does not comply with the formats stipulated in the Documentation; or

(vii) operator error.

(i) Fees mean all fees and expenses payable pursuant to the terms of this EULA as set forth in the Order.

(j) Functional Specifications means the technical and functional specifications of the Platform or Software, as set out in the Documentation.

(k) Insolvency Event means in relation to a corporation, the occurrence of any of the following events:

(i) that corporation informs its creditors generally that it is insolvent;

(ii) a liquidator, administrator, trustee in bankruptcy, receiver or receiver and manager or similar office is appointed in connection with any of the assets of that corporation;

(iii) an application is made for the administration, dissolution or winding up of that corporation which application is not stayed within ten Business Days of being made;

(iv) an order is made for the administration, dissolution or winding up of that corporation;

(v) a resolution is passed for the administration or winding up of that corporation other than for the purposes of a solvent reconstruction or amalgamation on terms approved by the Company;

(vi) that corporation enters, or resolves to enter into or has a meeting of its creditors called to enter into any scheme of arrangement or composition with its creditors generally, or any class of its creditors, other than for the purposes of a solvent reconstruction or amalgamation on terms approved by the State; or

(vii) that corporation is unable to pay its debts when they fall due, or is deemed unable to pay its debts in accordance with an applicable Law.

(l) Intellectual Property Rights means all intellectual property rights, including:

(i) patents, copyright, rights in circuit layouts, registered and unregistered designs, trade marks, domain

names, business names; and

(ii) any application or right to apply for registration of any of the rights referred to in paragraph (i).

(m) Law means any Commonwealth, Western Australian or local government legislation (including regulations, by- laws and other subordinate legislation thereof), common law and any Authorisation;

(n) Location mans the physical address of the site where the Designated Equipment is situated, as set out in the Order.

(o) Account and Login Details means the information, product authorisation key being a sequence of numbers, code or computer program provided by the Licensor to the Licensee to enable the Licensee’s continued use of the Platform or Software.

(p) Reseller means the Licensor’s appointed reseller in respect of the Platform and Software, as stipulated in the Order.

(q) Platform means the object code version of the Licensor’s proprietary software more fully described in the Order and includes:

(i) Any one or more modules and content resources thereof;

(ii) all upgrades and enhancements thereto; and

(iii) the Documentation.

(r) Software means the object code version of the Licensor’s proprietary software more fully described in the Order and includes:

(i) any one or more modules thereof;

(ii) all upgrades and enhancements thereto; and

(iii) the Documentation.

(s) Term means the Initial Term and any Subsequent Term.

(t) User means any member of the Licensee’s staff who has access to and uses the Platform or Software for the Licensee’s normal business purposes.

and

Privacy Policy

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Last updated December 01, 2021

Thank you for choosing to be part of our community at Singular Health Group Ltd, doing business as SHG (“SHG,” “we,” “us,” or “our“). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at mmariano@singular.health.

This privacy notice describes how we might use your information if you:

Visit our website at https://schools.healthliteracyacademy.com

Download and use our mobile application — Virtual Anatomy

Engage with us in other related ways ― including any sales, marketing, or events

In this privacy notice, if we refer to:

“Website,” we are referring to any website of ours that references or links to this policy

“App,” we are referring to any application of ours that references or links to this policy, including any listed above

“Services,” we are referring to our Website, App, and other related services, including any sales, marketing, or events

The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5. HOW LONG DO WE KEEP YOUR INFORMATION?

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

7. WHAT ARE YOUR PRIVACY RIGHTS?

8. CONTROLS FOR DO-NOT-TRACK FEATURES

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

10. DO WE MAKE UPDATES TO THIS NOTICE?

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

12. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; email addresses; usernames; passwords; and other similar information.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at education@singular.health and be sure to include your name, testimonial location, and contact information.

Request feedback. We may use your information to request feedback and to contact you about your use of our Services.

To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.

To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.

Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.

To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.

To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS?” below).

Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than twenty four (24) months past the termination of the user’s account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you have questions or comments about your privacy rights, you may email us at education@singular.health.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

8. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

Category	Examples	Collected
A. Identifiers	Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name	YES
B. Personal information categories listed in the California Customer Records statute	Name, contact information, education, employment, employment history and financial information	YES
C. Protected classification characteristics under California or federal law	Gender and date of birth	NO
D. Commercial information	Transaction information, purchase history, financial details and payment information	NO
E. Biometric information	Fingerprints and voiceprints	NO
F. Internet or other similar network activity	Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements	NO
G. Geolocation data	Device location	NO
H. Audio, electronic, visual, thermal, olfactory, or similar information	Images and audio, video or call recordings created in connection with our business activities	NO
I. Professional or employment-related information	Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us	NO
J. Education Information	Student records and directory information	NO
K. Inferences drawn from other personal information	Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics	NO

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;

Participation in customer surveys or contests; and

Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at education@singular.health, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.

Singular Health Group Ltd has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Singular Health Group Ltd will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data – Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed – Request to know

Depending on the circumstances, you have a right to know:

whether we collect and use your personal information;

the categories of personal information that we collect;

the purposes for which the collected personal information is used;

whether we sell your personal information to third parties;

the categories of personal information that we sold or disclosed for a business purpose;

the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

you may object to the processing of your personal data.

you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data.

you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at education@singular.health, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

10. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at education@singular.health or by post to:

Singular Health Group Ltd

Unit 3, 26 Railways Road

Subiaco, Western Australia 6009

Australia

12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here.

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