Privacy Policy

Privacy Policy

At Dental Pro, your right to privacy is taken seriously. Our privacy policy governs the way in which we process any personal information that you provide to us including your health information. We collect and deal with your personal information and health information (collectively referred to as Personal Information) in accordance with the Health Records and Information Privacy Act 2002 (NSW) (HRIP Act), Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) and the National Privacy Principles (NPP). To the extent that there are inconsistencies with this privacy policy and the HRIP Act, PPIP Act and/or NPP (collectively referred to as Privacy Law), the Privacy Law will prevail.

Definitions
In this document:
Sensitive information means:
a) health information about an individual; or
b) genetic information about an individual that is not otherwise health information.

Individual means you.

1. Collection
1.1. Dental Pro will not collect personal information unless the information is necessary for one or more of its functions or activities.
1.2. Dental Pro will only collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
1.3. At or before the time (or, if that is not practicable, as soon as practicable after) Dental Pro collects personal information about an individual from the individual, Dental Pro will take reasonable steps to ensure that the individual is aware of:

a) the identity of the organisation and how to contact it; and
b) the fact that he or she is able to gain access to the information; and
c) the purposes for which the information is collected; and
d) the organisations (or the types of organisations) to which Dental Pro usually discloses information of that kind; and
e) any law that requires the particular information to be collected; and
f) the main consequences (if any) for the individual if all or part of the information is not provided.

1.4. If it is reasonable and practicable to do so, Dental Pro will collect personal information about an individual only from that individual.
1.5. If Dental Pro collects personal information about an individual from someone else, it will take reasonable steps to ensure that the individual is or has been made aware of the matters listed in subclause 1.3 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.

2. Use and disclosure
2.1. Dental Pro will not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:
a) both of the following apply:

i. the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection,
ii. the individual would reasonably expect Dental Pro to use or disclose the information for the secondary purpose; or

b) the individual has consented to the use or disclosure; or

c) if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
i. it is impracticable for Dental Pro to seek the individual’s consent before that particular use; and
ii. Dental Pro will not charge the individual for giving effect to a request by the individual to Dental Pro not to receive direct marketing communications; and
iii. the individual has not made a request to Dental Pro not to receive direct marketing communications; and
iv. in each direct marketing communication with the individual, Dental Pro draws to the individual’s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and
v. each written direct marketing communication by Dental Pro with the individual (up to and including the communication that involves the use) sets out Dental Pro’s business
address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which Dental Pro can
be directly contacted electronically; or

d) if the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety:
i. it is impracticable for Dental Pro to seek the individual’s consent before the use or disclosure; and
ii. the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95A of the PPIP Act for the purposes of this subparagraph; and
iii. in the case of disclosure Dental Pro reasonably believes that the recipient of the health information will not disclose the health information, or personal information
derived from the health information; or

e) Dental Pro reasonably believes that the use or disclosure is necessary to lessen or prevent:
i. a serious and imminent threat to an individual’s life, health or safety; or
ii. a serious threat to public health or public safety; or

f) if the information is genetic information and Dental Pro has obtained the genetic information in the course of providing a health service to the individual:
i. Dental Pro reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety (whether or not the threat is imminent) of an individual who is a genetic relative of the individual to whom the genetic information relates; and
ii. the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95AA for the purposes of this subparagraph; and
iii. in the case of disclosure the recipient of the genetic information is a genetic relative of
the individual; or

g) Dental Pro has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its
investigation of the matter or in reporting its concerns to relevant persons or authorities; or

h) the use or disclosure is required or authorised by or under law; or

i) Dental Pro reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
i. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a
prescribed law;
ii. the enforcement of laws relating to the confiscation of the proceeds of crime;
iii. the protection of the public revenue;
iv. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
v. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Note 1: Subclause 2.1 does not override any existing legal obligations not to disclose personal information.
Nothing in subclause 2.1 requires Dental Pro to disclose personal information; Dental Pro is always entitled not to disclose personal information in the absence of a legal obligation to disclose it.

Note 2: Dental Pro is also subject to the requirements of National Privacy Principle 9 if it transfers personal information to a person in a foreign country.

2.2 If Dental Pro uses or discloses personal information under paragraph 2.1(h), it will make a written note of the use or disclosure.

2.3 Subclause 2.1 operates in relation to personal information that Dental Pro that is a body corporate has collected from a related body corporate as if Dental Pro’s primary purpose of
collection of the information were the primary purpose for which the related body corporate collected the information.

2.4 Despite subclause 2.1, Dental Pro may disclose health information about the individual to a person who is responsible for the individual if:
a) the individual:
i. is physically or legally incapable of giving consent to the disclosure; or
ii. physically cannot communicate consent to the disclosure; and
b) a natural person (the carer) providing the health service for Dental Pro is satisfied that either:
i. the disclosure is necessary to provide appropriate care or treatment of the individual; or
ii. the disclosure is made for compassionate reasons; and
c) the disclosure is not contrary to any wish:
i. expressed by the individual before the individual became unable to give or communicate consent; and
ii. of which the carer is aware, or of which the carer could reasonably be expected to be aware; and
d) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (b).

2.5 For the purposes of subclause 2.4, a person is responsible for an individual if the person is:
a) a parent of the individual; or
b) a child or sibling of the individual and at least 18 years old; or
c) a spouse or de facto spouse of the individual; or
d) a relative of the individual, at least 18 years old and a member of the individual’s household; or
e) a guardian of the individual; or
f) exercising an enduring power of attorney granted by the individual that is exercisable in relation to decisions about the individual’s health; or
g) a person who has an intimate personal relationship with the individual; or
h) a person nominated by the individual to be contacted in case of emergency.

2.6 In subclause 2.5:
a) child of an individual includes an adopted child, a step-child and a foster-child, of the individual.
b) parent of an individual includes a step-parent, adoptive parent and a foster-parent, of the individual.
c) relative of an individual means a grandparent, grandchild, uncle, aunt, nephew or niece, of the individual.
d) sibling of an individual includes a half-brother, half-sister, adoptive brother, adoptive sister, step-brother, step-sister, foster-brother and foster-sister, of the individual.

3. Data quality
Dental Pro will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.

4. Data security
4.1 Dental Pro will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.
4.2 Dental Pro will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used
or disclosed under National Privacy Principle 2.

5. Openness
5.1 Dental Pro will set out in a document clearly expressed policies on its management of personal information. Dental Pro will make the document available to anyone who asks for it.
5.2 On request by a person, Dental Pro will take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects,
holds, uses and discloses that information.

6. Access and correction
6.1 If Dental Pro holds personal information about an individual, it will provide the individual with access to the information on request by the individual, except to the extent that:
a) in the case of personal information other than health information providing access would pose a serious and imminent threat to the life or health of any individual; or
b) in the case of health information providing access would pose a serious threat to the life or health of any individual; or
c) providing access would have an unreasonable impact upon the privacy of other individuals; or
d) the request for access is frivolous or vexatious; or
e) the information relates to existing or anticipated legal proceedings between Dental Pro and the individual, and the information would not be accessible by the process of
discovery in those proceedings; or
f) providing access would reveal the intentions of Dental Pro in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
g) providing access would be unlawful; or
h) denying access is required or authorised by or under law; or
i) providing access would be likely to prejudice an investigation of possible unlawful activity; or
j) providing access would be likely to prejudice:
k) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
l) the enforcement of laws relating to the confiscation of the proceeds of crime; or
m) the protection of the public revenue; or
n) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
o) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; or
p) by or on behalf of an enforcement body; or
q) an enforcement body performing a lawful security function asks Dental Pro not to provide access to the information on the basis that providing access would be likely to cause
damage to the security of Australia.

6.2 However, where providing access would reveal evaluative information generated within Dental Pro in connection with a commercially sensitive decision-making process, Dental Pro
may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

6.3 If Dental Pro is not required to provide the individual with access to the information because of one or more of paragraphs 6.1(a) to (k) (inclusive), Dental Pro will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

6.4 If Dental Pro charges for providing access to personal information, those charges:
a) will not be excessive; and
b) will not apply to lodging a request for access.

6.5 If Dental Pro holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, Dental Pro will take
reasonable steps to correct the information so that it is accurate, complete and up-to-date.

6.6 If the individual and Dental Pro disagree about whether the information is accurate, complete and up-to-date, and the individual asks Dental Pro to associate with the information a statement claiming that the information is not accurate, complete or up-todate, Dental Pro will take reasonable steps to do so.

6.7 Dental Pro will provide reasons for denial of access or a refusal to correct personal information.

7. Identifiers

7.1 Dental Pro will not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:
a) an agency; or
b) an agent of an agency acting in its capacity as agent; or
c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract; or
d) a prescribed organisation of a prescribed identifier in prescribed circumstances.

7.2 Dental Pro will not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in subclause 7.1, unless:
a) the use or disclosure is necessary for Dental Pro to fulfil its obligations to the agency; or
b) one or more of paragraphs 2.1(e) to 2.1(h) (inclusive) apply to the use or disclosure;
or
c) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.

7.3 In this clause:
identifier includes a number assigned by Dental Pro to an individual to identify uniquely the individual for the purposes of Dental Pro’s operations. However, an individual’s name or
ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.

8. Anonymity
Wherever it is lawful and practicable, individuals have the option of not identifying themselves when entering transactions with Dental Pro.

9. Transborder data flows
Dental Pro may transfer personal information about an individual to someone (other than Dental Pro or the individual) who is in a foreign country if:
a) Dental Pro reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the
information that are substantially similar to the National Privacy Principles; or b) the individual consents to the transfer; or
c) the transfer is necessary for the performance of a contract between the individual and Dental Pro, or for the implementation of pre-contractual measures taken in response to
the individual’s request; or
d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Dental Pro and a third party; or
e) all of the following apply:
i. the transfer is for the benefit of the individual;
ii. it is impracticable to obtain the consent of the individual to that transfer;
iii. if it were practicable to obtain such consent, the individual would be likely to give it; or
f) Dental Pro has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information
inconsistently with the National Privacy Principles.

10. Sensitive information

10.1 Dental Pro does not collect sensitive information about an individual unless:
a) the individual has consented; or
b) the collection is required by law; or
c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
i. is physically or legally incapable of giving consent to the collection; or
ii. physically cannot communicate consent to the collection; or
d) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

10.2 Despite subclause 10.1, Dental Pro may collect health information about an individual if:
a) the information is necessary to provide a health service to the individual; and
b) the information is collected:
i. as required or authorised by or under law (other than the PPIP Act); or
ii. in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind Dental Pro.

10.3 Despite subclause 10.1, Dental Pro may collect health information about an individual if:
a) the collection is necessary for any of the following purposes:
i. research relevant to public health or public safety;
ii. the compilation or analysis of statistics relevant to public health or public safety;
iii. the management, funding or monitoring of a health service; and
b) that purpose cannot be served by the collection of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained; and
c) it is impracticable for Dental Pro to seek the individual’s consent to the collection; and
d) the information is collected:
i. as required by law (other than the PPIP Act); or
ii. in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind Dental Pro; or
iii. in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph.

10.4 If Dental Pro collects health information about an individual in accordance with subclause

10.3, Dental Pro will take reasonable steps to permanently de-identify the information before Dental Pro’s discloses it.

10.5 In this clause: non-profit organisation means a non-profit organisation that has only racial, ethnic, political, religious, philosophical, professional, trade, or trade union aims.

We thank you for your cooperation and understanding.