Privacy Policy

I.

Merz Australia Pty Ltd, located at Level 3, 244 Coward Street, Mascot NSW 2020, (“Merz”) intends to collect photos and videos before and after aesthetic product treatment. I understand that Clinical Imaging, located at 24 Culzean Crescent Highton, Geelong 3216 will take “Before and After” photos and videos of areas of my body that have been treated as well as surrounding areas before and after the aesthetic product treatment (hereinafter referred together or respectively as “photos”).

Certain “Before and After” photos and videos (“photos”) will be selected to illustrate the benefits of aesthetic product treatment. Merz will anonymize selected photos using aliases for them to be used in all and any digital form (including social media channels) and print media in marketing and public relations campaigns for the general public and professionals, presentations, scientific presentations in specialized media and for training purposes. Merz will select a small number of photos for the aforementioned use based on criteria that serve to optimally illustrate the outcome of product treatment. An automated selection process will not be implemented.

The selected photos will be used by Merz and companies affiliated with Merz (together referred to as “MERZ”) for activities aimed at marketing and selling treatment products. A list of these affiliated companies is available at www.merz.de or can be requested from the Merz Data Privacy Officer at privacy_australia@merz.com OR

Level 3, 244 Coward Street,

Mascot NSW 2020

Australia

I understand that MERZ will not use the photos for any purpose other than the selection process described above and will not transfer them to any third party except those directly involved in the above purpose. Some of the MERZ companies are located outside the geographic borders of Australia (including Germany, United States, Switzerland, Singapore, Australia, Taiwan, South Korea, China, Malaysia, India, Philippines, Thailand, Hong Kong, Vietnam and Indonesia), some laws of which might not have the same data protection level as Australia. Merz complies with all national information transfer laws and will obligate the aforementioned affiliated companies (MERZ) to protect my data and photos adequately and to refrain from using them for unauthorized purposes.

I know my rights:

I can contact the Merz Data Privacy Officer at any time by writing to privacy_australia@merz.com

or

Merz Data Privacy Officer at:

Level 3, 244 Coward Street,

Mascot NSW 2020

Australia

to request a copy, correction or erasure of my personal data stored by MERZ in compliance with requirements of the Privacy Act 1988. If you do not receive a response to your request in a reasonable time frame or are otherwise unhappy with our handling of your request, you may lodge a complaint with The Office of the Australian Information Commissioner. Details of how to make a complaint can be found at www.oaic.gov.au

II. Consent

Based on the above explanation and further clarifications as provided in the project terms and conditions, I hereby consent that Merz and/or Clinical Imaging may transfer the following data to the Aesthetic Physician to be considered for further use:

- name,

- gender,

- age,

- postcode,

- email and contact phone number (in order to inform you about details of the selection process)

- model portfolio photos

I further give my consent to allow Merz to make me a written specific proposal for the use of the photos as described in item I.

II. Proposal or erasure

Merz will contact me within a period of 20 weeks after receiving data specified in item II from with information as to whether you were selected to be engaged for this project, along a request to assign rights to the photos to Merz.

If my photos are not selected for further use, Merz will inform me within the same period that my photos will not be used and that they have therefore been deleted.

IV. Withdrawal options

I understand that I can withdraw my declaration of consent by giving written notice Merz directly via email at privacy_australia@merz.com

The withdrawal notice should contain my full name and postcode in order to verify my identity. I may withdraw my consent without stating any reasons until I have accepted a proposal for further use of the photos. After such time, I may only withdraw my consent to the extent provided for by statutory provisions.

After my withdrawal, Merz or MERZ (i.e. all the aforementioned affiliated companies who have received my photos) will erase all photos without undue delay except to the extent that Merz or MERZ shall be entitled to retain one (1) copy of this declaration solely for purposes of verifying compliance with this Agreement.

V. Release from medical confidentiality

I hereby release the Aesthetic Physician from his/her medical confidentiality to the extent that the data specified in item II are transferred to Merz.

I consent to the encrypted transfer of my photos and data between health care practitioner and Merz via email or mobile data carriers.

I understand that I may also withdraw this release from medical confidentiality at any time with effect for the future.