Privacy Policy


Effective: 29 August 2025


Welcome to digisleep!

Thank you for taking the time to read this Privacy Policy, which forms part of the Terms and Conditions between you and us.

We are committed to the privacy and security of your personal information, and being open and transparent about how we manage it.

We collect and handle your personal information in accordance with our legal obligations, including the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Privacy Act) and applicable State and Territory health records legislation.

From time to time, we may update this Privacy Policy by publishing a revised version on the Website, and to the extent required by law, provide you with notice of the variation, which may take the form of pop-up, banner or similar prompt or alert on the Website.

You consent to your data being used in accordance with this Privacy Policy.

Contents

1. Definitions
2. What kinds of Personal Information we collect and hold
3. How we collect personal information
4. How we hold personal information
5. Our purpose for collecting, holding, using and disclosing personal information
6. Who we may disclose your personal information to
7. Where your personal information may be disclosed overseas
8. How you may access or correct your personal information
9. Direct marketing
10. Cookies
11. What to do if you have a complaint
12. Contact us

1. Definitions

When we refer to “we”, “us”or “our”, we mean Digisleep Pty Ltd (ABN 63 686 944 589).
“Personal information”means information or an opinion about an identified individual, or an individual who is reasonably identifiable.

Each of the capitalised terms “Communications”, “Platform”, “Services”, “Sleep Expert”, “Sleep Services”, and “Website”has the meaning given to it the Terms and Conditions.

2. What kinds of Personal Information we collect and hold

The kinds of personal information we collect and/or hold may include (but are not limited to):

  • names; contact, billing and shipping details (including postal address, telephone number, and email address); payment and other financial details; emergency and next of kin details; date of birth; place of birth; ethnic and/or cultural background; gender and/or birth-assigned sex; relationship status; employment details;

  • government identifiers (including Medicare, Veterans Affairs, Individual Healthcare Identifier, and Driver Licence) and private health insurance membership details;

  • appointment details (including the type of appointment and any reason for seeking it)

  • medical and health records (including medical history, family medical history, general practitioner details, referral records, symptoms, diagnoses, test results (including remote patient monitoring data), treating practitioners and treatments, medicine prescriptions, expressed wishes about future health services, and consents);

  • records and recordings (in any format) of Sleep Services that you receive from Sleep Experts (including Communications that you have had with Sleep Experts);

  • any other personal information that you provide to us or to Sleep Experts (including during a consultation or through a questionnaire);

  • photographs and/or images; and

  • technical data (including device ID, internet protocol address, operating system and platform, browser details, log-in information) and/or web analytics data.

3. How we collect personal information

We collect personal information only by lawful and fair means.

Where reasonable and practicable, we will collect your personal information directly from you.

Ways we may collect personal information directly from you include (but are not limited to):

  • the Website and Platform;

  • questionnaires and surveys (which from time to time you may be able to access through the Platform, your email address, or any other method);

  • contact by telephone; and

  • correspondence by email and/or post.

When you receive Sleep Services from a Sleep Expert (including engaging in Communications with a Sleep Expert), it is the responsibility of that Sleep Expert to prepare and maintain adequate records (including medical records) in accordance with the law. A Sleep Expert may also create, but only with your express prior consent, a secure audio or video recording of Communications between you and that Sleep Expert. These records and these recordings may be held by us.

We may also collect personal information from other sources, including (but not limited to):

  • other health service providers and health practitioners (including your general practitioner and/or referring medical practitioner);

  • diagnostic or other medical or health testing devices and service providers (including via remote patient monitoring);

  • government departments, government agencies or government-regulated entities, including My Health Record and prescription exchange services;

  • any suppliers, contractors, clients or partners we engage in connection with the Platform and Services;

  • your authorised representatives (including your parent or guardian) or other relatives;

  • publicly available sources; and

  • our related bodies corporate.

4. How we hold personal information

We take active measures to ensure the security of the personal information we hold.

Personal information may be held in a secure physical format and/or in a secure electronic format (including cloud storage, which may be based overseas).

We have implemented technical, physical, and organisational security measures to protect against the misuse, interference and loss, as well as unauthorised access, modification or disclosure, of your personal information. The security measures with respect to any detail of personal information that we collect or hold are reasonable, based on the sensitivity of that detail.

5. Our purpose for collecting, holding, using and disclosing personal information

We may collect, hold, use or disclose personal information for the purposes of:

  • providing you with access to and use of the Platform and our Services. This includes appointment scheduling and reminders;

  • enabling Sleep Experts to provide you with Sleep Services, enabling Sleep Experts to engage in Communications with you, and assisting Sleep Experts in connection with those Sleep Services and Communications. This includes providing a Sleep Expert with whom you have made an appointment with access to your personal information, including in advance of that appointment. Because sleep conditions often have multiple contributing factors, your care may involve a multidisciplinary team of health professionals. To support this, personal information may be shared among Sleep Experts to support your holistic care;

  • holding records (including medical records) that a Sleep Expert prepares or maintains about you, and providing those records to other parties involved in, or who may become involved in, your care, such as your general practitioner and other health practitioners;

  • facilitating your purchase and use of, and the delivery of results in respect of, diagnostic or other medical or health testing devices;

  • providing you with technology support, notifications, updates, announcements, security notices, and other service or administrative messages in relation to the Platform and our Services;

  • advertising, marketing, and user feedback in connection with us, our business, the Platform and our Services, as well as in respect of other goods and services that may be relevant to you. This includes direct marketing, which you may ‘opt out’ of at any time. For more information, see the ‘Direct marketing’ section below;

  • assisting the research and development of, operation of, and improvement to, the user experience of the Platform and our Services, our business (or any prospective business), or the business (or prospective business) of any related body corporate. This includes data analytics and quality assurance;

  • a merger, acquisition, restructure, financing, asset sale, bankruptcy or insolvency event;

  • a permitted general situation or permitted health situation under the Privacy Act; or

  • complying with our legal obligations, protecting and enforcing our rights, preventing unlawful activity, and resolving disputes.

You consent to the use or disclosure of personal information for the purposes stated above, even if it was collected or held for a different purpose stated above.

We may use and disclose de-identified information for research and teaching purposes. De-identified information is not personal information.

6. Who we may disclose your personal information to

We will not use or disclose your personal information other than in the circumstances set out in the Terms and Conditions (including this Privacy Policy), or as permitted or required under law (including the Privacy Act), without your consent.

You consent for the disclosure of personal information for the purposes stated above to:

  • Sleep Experts;

  • other parties involved in, or who may become involved in, your care, such as your general practitioner and other health practitioners;

  • government departments, government agencies or government-regulated entities, including Services Australia (which operates Medicare), the Australian Digital Health Agency (which operates My Health Record) and prescription exchange services;

  • private health insurance providers;

  • anyone authorised by you to receive your personal information;

  • payment systems operators;

  • any related body corporate, and our and any related body corporate’s directors, officers, employees, contractors, consultants, partners, professional advisers, representatives and agents;

  • our third-party suppliers and service providers who we engage in connection with our business, including the Platform and our Services, in order to operate and/or improve it. This includes but is not limited to IT service providers, web-hosting and server providers, Software as a Service (SaaS) providers, delivery and logistics providers, debt collection agencies, and advertising and marketing service providers;

  • anyone to whom our assets or business (or any part of them) are, or may be, transferred, or any other parties involved in that transfer or prospective transfer;

  • research institutions with which we collaborate;

  • any court, tribunal, regulatory authority or law enforcement agency, as required by law, in connection with any actual or prospective legal proceedings, or in order to comply with our legal obligations, protect and enforce our rights, prevent unlawful activity, and resolve disputes; and

  • any other third parties as required by, or permitted under, law.

7. Where your personal information may be disclosed overseas

From time to time, we engage third party service providers, who may handle your personal information. These include third parties that are not in Australia or an external Territory (Overseas Recipients).

You consent for us to use Overseas Recipients to collect and/or store your personal information, and you consent for us to disclose your personal information to Overseas Recipients.

You agree that APP subclause 8.1 will not apply.

You understand and acknowledge that Overseas Recipients are not subject to the Privacy Act. If you require legal redress, you will not be able to seek it under the Privacy Act, and you may find it necessary to seek redress under the laws of the jurisdiction of the Overseas Recipient.

The Overseas Recipients are located in (and have their servers located in) the United States of America and the European Union.

8. How you may access or correct your personal information

You have a right to request access to your personal information and to request its correction. To do so, please direct your request to the Privacy Officer at privacy@digisleep.com.au. We will promptly consider your request and provide our response to you in a reasonable timeframe.

In order to protect the personal information that we hold, we must be satisfied that any request comes from the individual concerned and we may require you to verify your identity before processing your request.

We may impose a charge for giving access to requested personal information (including costs incurred searching for, locating and retrieving the requested personal information, as well as costs of postage or materials involved in giving access). No charge will ever be excessive.

In some limited circumstances, we may refuse a request to access or correct personal information. If we refuse a request to access or correct personal information, or refuse to give access or correct personal information in the manner requested, we will notify you in writing. Except to the extent that it would be unreasonable for us to do so, the notice will include any reasons for the refusal.

9. Direct marketing

Direct marketing allows marketing materials to be tailored specifically to you, and assists us in ensuring that you receive personalised information about products and services relevant to you. Direct marketing channels may include email, SMS, and online advertising.

We, and third-party service providers, may use and/or disclose personal information to communicate directly with you to promote goods and services that we, our related bodies corporate or other third parties provide. You consent for your personal information (including sensitive information, such as information about your health) to be used in the course of direct marketing.

When we engage in direct marketing, we do so in accordance with our legal obligations, including under the Privacy Act and the Spam Act 2003 (Cth).

You may ‘opt out’ of direct marketing at any time. You may ‘opt out’ by contacting the Privacy Officer in writing at privacy@digisleep.com.au. You may also ‘opt out’ by using the ‘opt out’ mechanism contained in any direct marketing communications (for example, an ‘unsubscribe’ button).

10. Cookies

We may collect data about your access to and use of the Platform and our Services through the use of online tracking technologies, like cookies. A cookie is a small text file that is placed on your computer when you visit a website.

The information collected about you using cookies will not ordinarily be your personal information, because you will not be identified or reasonably identifiable to us from it.

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block all cookies, in most internet browsers. Blocking any or all cookies may impact your access to and use of the Platform and our Services.

Third parties may also place cookies on your device, access them and associate web beacons with them.

11. What to do if you have a complaint

If you have any concerns or complaints about how your personal information has been handled, please contact the Privacy Officer in writing at privacy@digisleep.com.au.

We will promptly investigate your situation and provide our response to you in a reasonable timeframe.

If you are not satisfied that your case has been resolved, you can make a formal complaint to the Office of the Australian Information Commissioner.

12. Contact us

To: Privacy Officer
Email: privacy@digisleep.com.au

We appreciate your trust in us, and value the opportunity to address any comments or questions you may have in relation to your personal information or this Privacy Policy.