This statement relates to the privacy policy associated with your care through Anodyne (trading under PMAP Australia Pty Ltd, ABN: 25 617 889 488). For the purposes of this statement, “Us”, “Our”, and “We” refers to Anodyne and “You” and “Your” refers to you, the patient, visitor, and/or person who utilizes the services of Anodyne.
Anodyne recognises the importance of your privacy and respects your right to control how your personal information is collected and used. We are an Australian Privacy Principles (APP) Entity as defined in the Privacy Act 1988 (Cth) (the “Act”). This Privacy Policy (“Privacy Policy”) is aligned with the Australian Privacy Principles as set out in the Act and describes the way that we may collect, hold and disclose personal information.
This Privacy Policy applies to the services provided by Anodyne and is also applicable to our website, anodynegroup.com.au (the “Site”), which is operated by us.
“Personal Information” means any information that may identify you, or by which your identity might be reasonably determined. The information you provide us may include, amongst other things, your name, address, email address, and phone number.
“Sensitive Information” means any information about an individual’s racial or ethnic origin, political opinions, memberships of a political organisation, religious belief or affiliation, philosophical belief, membership of a professional or trade association, membership of a trade union, sexual preference or practices, criminal record or health information.
“Health Record” means any information held by us concerning your health. It may include your medical records, clinical history, medications, diagnoses, treatment, tests and results, medical procedures, your genetic information, file notes, consents, referrals and clinical correspondence, medical imaging, immunisation records and any other information provided or collected by us relating to your health.
The purpose for which we collect Personal Information is to provide you with the best service experience possible and for our internal business purposes that form part of normal business practices. Some provision of Personal Information is optional. However, if you do not provide us with certain types of Personal Information, you may be unable to enjoy the full functionality of our services and/or website.
To provide our services to you, we may collect Personal Information, such as your contact details, including your name, email address, postal address, telephone number, your business or company name. We may also collect details of conversations we have had with you or any other information relevant to us.
We may collect Sensitive Information about you, such as medical reports, referrals, medication, health history and other important health information where you consent, and such information is reasonably necessary to provide our services to you.
We automatically collect through our website and services, information that is often not personally identifiable, such as the website from which visitors came to our Site, IP address, browser type and other information relating to the device through which they access the Site. We may combine this information with the Personal Information we have collected about you.
Personal Information collected by us will generally only be used and disclosed for the purpose it was collected. This includes maintaining your contact details, providing you with our services and processing payments. We may disclose your Personal Information to third parties or contractors who are integral to the provision of our services (e.g. referring doctors).
We may, from time to time, use Personal Information for another purpose where it would be reasonably expected by you or if permitted by the Privacy Act, including to effectuate or enforce a transaction, procuring advice from legal and accounting firms, auditors and other consultants. We may also disclose your Personal Information in circumstances where we are compelled by Australian legislation or an Australian court of law to do so.
We do not and we would not sell your Personal Information. We may aggregate the information you and others make available to us (such as aggregated data) and share it with third parties. We may use, sell, license, and share this aggregated information with third parties for market analysis, research, marketing or other purposes such as to improve our services or to help our partners understand more about the users of our service and health issues. You can object to us using your information for these purposes.
We will not disclose, sell, share or trade your Personal Information to any third parties unless we first receive your consent.
In the event that we sell our business, or engage in a transfer, merger, restructure or change of control or other similar transactions, customer information (containing Personal Information) is generally one of the business assets that form part of the transaction. Your Personal Information may be subject to such a transfer. In the unlikely event of insolvency, Personal Information may be transferred to a trustee or debtor in possession and then to a subsequent purchaser. You can object to us using your information for these purposes.
We may provide health information to other medical service providers, such as your general practitioner, specialist medical practitioners and allied health professionals. We will only supply this information with your consent, or in circumstances where it is required for the delivery of health services, such as referral to another health service provider, billing and liaising with government offices regarding Medicare entitlements and payments, where it is necessary to prevent or lessen a serious threat to a patient’s life, health or safety, or other reason as permitted by law.
HEALTH INFORMATION FROM THIRD PARTIES
While Anodyne will obtain most health information directly from you and any referring doctor, we will receive some health information from third parties, such as guardians or other health professionals involved in your care. Where personal information is received without Anodyne soliciting it, we will determine whether or not we could have ordinarily collected that information. If not, the information will be destroyed or de-identified.
DOCTOR-PATIENT CONFIDENTIALITY
The Australian Health Practitioner Regulation Agency (AHPRA) and the Medical Board of Australia requires high standards of professional conduct to support optimal doctor-patient relationships. Anodyne works in line with the code of conduct set forth by AHPRA and this is set out in the Good medical practice: A code of conduct for doctors in Australia. Central to the code of conduct involves ‘protecting patients’ privacy and right to confidentiality. Specifically, ‘patients have a right to expect that doctors and their staff will hold information about them in confidence, unless release of information is required by law or public interest considerations’.
As a patient you have the ethical and legal right to make informed decisions about your health. Informed consent forms the basis for many Privacy Act exceptions, permitting collection, use and disclosure. The requirement to obtain informed consent also applies to research undertaken by Anodyne. Any research of patient information undertaken by Anodyne will additionally be in accordance with the National Health and Medical Research Council (NHMRC), specifically, the National Statement on Ethical Conduct in Human Research.
You can access and/or correct information we hold about you at any time by contacting us at [email protected]. We encourage you to contact us to keep your Personal Information up to date.
We will respond to your request for Personal Information within a reasonable time. We reserve the right to charge an administration fee to cover the costs of responding to your request, for example, where Personal Information is held in storage.
If required by law or where the information may relate to existing or anticipated legal proceedings, we may deny your request for access to your information. We will respond to your request, setting out the reasons for our refusal in writing.
We will take reasonable steps to protect your Personal Information from misuse, loss, unauthorised access and modification or disclosure. We use commercially reasonable physical, technical, and administrative measures to protect Personal Information that we hold, including, where appropriate, password protection, encryption, and SSL to protect our Site.
All Personal Information and Sensitive Information is not stored on our website, but forms part of the record-keeping system held by Anodyne. Such information may be stored electronically through electronic medical records, third-party data centres, which may be located overseas, or in physical storage at our premises or third-party secure storage facilities.
Despite taking appropriate measures to protect Personal Information used and collected by us, please be aware that no data security measures can guarantee 100% security all the time. We cannot guarantee the security of any information transmitted to us via the internet and such transmission is at your risk.
If we no longer require the use of your Personal Information, we will take reasonable steps to destroy or permanently de-identify it in line with the relevant legal requirement.
DATA BREACH NOTIFICATION SCHEME
If we have reason to suspect a data breach has occurred, we will undertake an assessment in accordance with the Notifiable Data Breach Scheme. If we determine there has been an eligible data breach, we will notify you as soon as reasonably practicable.
If the breach relates to the My Health Records Act, we may disclose your Personal Information to the My Health Records System Operator under s 73A of that Act.
An identifier is a unique number assigned to an individual to identify them. Identifiers include Medicare Numbers and Tax File Numbers. We will not adopt, as our own, any identifier of you or use or disclose an identifier of you that has been assigned by a government agency unless permitted under the Act.
You may request to remain anonymous when you seek health services from us. While we endeavour to comply with any request to use our services anonymously or using an alias, there may be circumstances in which it is unlawful or impracticable to do so.
Your health care will always remain our priority, and we are unable to provide services in circumstances where treating you anonymously may compromise your treatment or health outcomes.
We cannot provide Medicare rebates or access to Veterans Affairs entitlements without properly identifying you. If you request to be seen anonymously, you will also not be able to access the Pharmaceutical Benefits Scheme in the event you require any medication.
We have a legal obligation, under the Public Health Act, to report certain medical conditions. If, during the course of providing our services, we diagnose a prescribed medical condition, we must make a report, including your identity, to the Health Department.
Employment applications and resumés collected by us are safely and securely stored and only used for the purposes for which they were collected.
COOKIES, WEB BEACONS & ANALYTICS
When you interact with our Site, we strive to make your experience easy and meaningful. We, or our third-party service providers, may use cookies, web beacons (clear GIFs, web bugs) and similar technologies to track site visitor activity and collect site data. We may combine this data with the Personal Information we have collected from you. Examples of information that we may collect include technical information such as your computer’s IP address and your browser type, and information about your visit such as the products you viewed or searched for, the country you are in, what you clicked on and what links you visited to get to or from our Site. If we identify you with this information, any use or disclosure of that information will be in accordance with this Privacy Policy.
At times, our Site may contain links to other third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but, instead, is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
We may send you direct marketing emails and information about products and services that we consider may be of interest to you. These communications will only be sent via email and in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth) as you consented to upon registering for our services. If at any time, you would like to stop receiving these promotional emails, you may follow the opt-out instructions contained in any such email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails or promotions from us, we still may send you email about your account, your account or any Services you have requested or received from us, or for other customer service purposes. We do not provide your Personal Information to other organisations for the purposes of direct marketing.
If you receive communications from us that you believe have been sent to you other than in accordance with this Privacy Policy, or in breach of any law, please contact us using the details provided below.
We may change this Privacy Policy from time to time. Any updated versions of this Privacy Policy will be posted on our Site. You should periodically check and review our current Privacy Policy, which is effective as of the effective date listed above. Your continued use of any of our Site and services constitutes your acceptance and understanding of the Privacy Policy as in effect at the time of your use. If we make any changes to this Privacy Policy that materially affect our practices with regard to the Personal Information we have previously collected from you, we will endeavour to provide you with notice in advance of such change by highlighting the change on the Site, or where practical, by emailing. This Policy is current as of 25th January 2021.
If you have any questions or complaints regarding privacy, or if at any time you believe we may have wrongfully disclosed your Personal Information or breached our Privacy Policy, please contact us at (08) 6166 3788 or lodge your complaint in writing to:
177 York Street Subiaco WA 6008
If you are not satisfied with our response, you are entitled to contact the Office of the Australian Information Commissioner, by phoning 1300 363 992 or writing to the Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 1042.