Privacy Policy
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1.
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Introduction |
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1.1.
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eClinic Pty Ltd (ABN 80 092 450 274) ("eClinic") is committed to the
protection of person's personal, sensitive and health information (as
defined in the Privacy Act 1988. Various rules, legislation and regulations
in the health industry govern eClinic's business, including eClinic's
own policies and procedures.
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1.2.
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eClinic's policies and procedures include this Privacy Policy, which
forms part of eClinic's Terms of Use. This Privacy Policy has been designed
to ensure that a person's personal, sensitive and health information is
protected and handled in accordance with the Privacy Act 1988 (Cth).
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1.3.
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A person's acceptance of the '"Accept" button constitutes their consent
and confirms their agreement to be bound by:
| (a) |
the terms and conditions
of this Privacy Policy; |
| (b) |
their compliance with
the Privacy Act 1988 (Cth), and the National Privacy Principles; and
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| (c) |
all other principles,
laws and regulations governing the protection and security of personal,
sensitive and health information in the health industry. |
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1.4.
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This Privacy Policy contains important information for persons accessing
and using the eClinic website, web pages contained within the website
and/or participating in services offered by eClinic. This Privacy Policy
deals with the following key areas:
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(a)
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Collection of personal,
sensitive and health information; |
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(b)
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Use of personal, sensitive
and health information; |
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(c)
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Disclosure of personal,
sensitive and health information; |
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(d)
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Security of personal,
sensitive and health information; |
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(e)
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Access, correction or
update of personal, sensitive and health information; |
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(f)
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Patient Information; and |
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(g)
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How to contact eClinic.
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2.
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Definitions |
| 2.1. |
Services: The services collectively
outlined below are referred to in this Privacy Policy as the "Service(s)".
The Services are as defined in the eClinic Terms of Use. The Services
are accessible and used by persons at the eClinic website located at www.eclinic.com.au
(the "Site") or by installation or download of the Secure Medical Services
Client ( the "Client" ). The Site includes other web site pages accessed
beneath the home page. The Services include:
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| (a) |
the electronic transmission
of patient pathology and radiology requests and results between medical
centres and/or health professionals and pathology and radiology centres;
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| (b)
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the electronic ordering
of medical supplies as requested by medical centres and/or health
professionals; and
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| (c) |
other services with
persons who may access the Services, including the provision of
information about eClinic and other health companies and products,
and the provision of content and delivery of third party health
and medical information by email, bulletin boards, and news updates.
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| 2.2. |
Persons: Services are offered
to medically approved practitioners who register with eClinic to access,
use and participate in the Services and programs offered by eClinic ("Registered
Users"). The Registered Users access, use and participate in the Services
to facilitate the provision of health care services to their respective
patients ("Patients").
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| 2.3. |
Information: ‘Information'
collectively hereto refers to the following:
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| (a) |
Personal Information:
Personal Information refers to any information recorded about yourself
as a Registered User collected at registration and recorded by eClinic
for the provision of the Services. Personal Information may be supplied
by you at other times in participating in eClinic's surveys and
other programs offered by eClinic. The Personal Information will
assist eClinic to identify and verify your identity.
Personal Information collected includes your name, licensed clinic
business name and address, clinic phone and facsimile numbers, email
address, names of other doctors practicing at the clinic, service
codes, digital certificate, APA number, and provider number.
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| (b) |
Sensitive Information:
Sensitive Information refers to 'customisation preferences' and
tracked information that is recorded by eClinic in relation to a
Registered User. Sensitive Information is not used to identify you
as an individual Registered User.
Tracked information refers to information collected by eClinic
in relation to your use of the Services.
Customisation preferences (where available) refers to information
concerning Service preferences selected by yourself.
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| (c) |
Medical Information:
eClinic does not collect any information or opinions about your
health.
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3.
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Collection of Information |
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3.1.
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When you register to use the Service, your Personal Information will
be collected with your consent and will be held in the strictest confidence
at all times by eClinic in accordance with and subject to the Privacy
Act 1988 (Cth).
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3.2.
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eClinic will not collect any Information that is not required for the
delivery of our Service.
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3.3.
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eClinic will not collect Information from you that may reveal racial
or ethnic origin, political opinions, religious or philosophical beliefs,
memberships, associations, or details of health, disability or sexual
activity or orientation and other similar Sensitive Information and Personal
Information, except:
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(a)
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where you
have given express consent to eClinic to do so; |
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(b)
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where it
is reasonably suspected that unlawful activity has been or may be
engaged in; |
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(c)
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the collection
is required by law or reasonably necessary to enforce the law; or
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(d)
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when the Information is necessary for the establishment, exercise
or defence of a legal claim.
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4.
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Use of your Information
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4.1.
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The Personal Information that you provide to eClinic during registration
for the Service is primarily used for identification purposes and will
assist in the administration and operation of the Service to you.
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| 4.2. |
The Sensitive Information gathered from your use of the Services enables
eClinic to provide better personalised Services that are tailored to your
needs.
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| 4.3. |
The Information collected will be used for various secondary purposes,
including:
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(a)
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eClinic aggregates the Information that is gathered when you use
the Services for analytical purposes. Personally identifiable characteristics
are removed and you remain anonymous, unless you have given prior
specific consent for eClinic to recognise your personalised details.
The additional Information provided (if any) to eClinic and/or collected
by eClinic is used to:
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examine Service
usage and product usage trends; |
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compile user demographics
to help eClinic offer you improved online products and Services;
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| (iii) |
purposes connected with the operation, administration, development
and enhancement of the Service provided to you;
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(b)
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direct marketing and promotion purposes (by any mechanism) as offered
by eClinic and by its affiliated partners that relate to special
offers and information relating to eClinic, and information relating
to other products and services that may be of interest to you, unless
you have previously advised us that you do not wish to be contacted
for this purpose; and
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(c)
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for other secondary purposes other than the purposes specified
in the paragraphs above if:
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(i)
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you
would reasonably expect us to use the Information for that other
purpose; and |
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(ii)
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that other purpose is related to the purposes specified above.
For example, using your email address to alert you to any
new essential services and/or changes to the Service which
may affect our delivery of, or your ability to use this Service,
and using and disclosing your information to deliver products
and services under the program.
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| 4.4. |
eClinic may use your Information for the purpose of direct marketing
and promotional activities (as specified in paragraph 4.3(b)) where it
is impracticable for us to obtain your prior express consent. However,
when eClinic does this, eClinic will provide an express opportunity when
we first contact you (by any mechanism) to decline receiving any further
marketing communications from eClinic, via an opt-out mechanism. You may
let us know at any time that you do not want us to contact you for direct
marketing purposes.
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| 4.5. |
eClinic will not use any of your Information for any purpose other than
those specified above, unless:
| (a) |
You have
consented to the use of the Information (unless impractical to do
so); or |
| (b) |
there is
reasonable grounds to believe that the use is necessary to lessen
or to prevent a serious or imminent threat to life, health or safety
to an individual; or |
| (c) |
eClinic
reasonably suspects that unlawful activity is or has been engaged
in and uses the Information to investigate the suspected unlawful
activity; or |
| (d)
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the use is
authorised by law or reasonably necessary to enforce the law. These
uses may include where eClinic is required to provide information
in response to subpoenas or warrants or other legal or regulatory
processes. |
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| 5. |
Disclosure of your Information.
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| 5.1. |
You are solely responsible for the use of the Service offered by eClinic.
As part of this responsibility, you must not disclose your Information
and login particulars to any other party.
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| 5.2. |
The Information eClinic collects from you is strictly confidential. eClinic
will not reveal, disclose, sell, distribute, rent, licence, share or pass
that Information on to any third parties, other than those parties who
are contracted to eClinic to provide the Service, and who eClinic will
procure to keep the Information confidential.
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| 5.3. |
eClinic will not disclose Information about you for a purpose other than
the primary purpose of the collection unless:
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(a)
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both of the following
apply: |
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(i)
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the
secondary purpose is related to the primary purpose of collection
and, if the Information is Sensitive Information, directly related
to the primary purpose of collection; |
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(ii)
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you would reasonably expect eClinic to disclose the Information
for the secondary purpose; or
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| (b) |
you have consented to the disclosure in accordance with this Privacy
Policy; or
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| (c) |
if the Information is not Sensitive Information and the disclosure
of the Information is for the secondary purpose of direct marketing:
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it
is impracticable for eClinic to seek your consent before that
particular use; and |
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eClinic
will not charge you for giving effect to a request by yourself
to eClinic not to receive direct marketing communications; and
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| (iii) |
you
have not made a request to eClinic not to receive direct marketing
communications; and |
| (iv)
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in
each direct marketing communication with you, eClinic draws
to your 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 eClinic with you (up
to and including the communication that involves the use) sets
out a number or email address at which eClinic can be directly
contacted electronically; or |
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| (d) |
eClinic reasonably believes that the disclosure is necessary to
lessen or prevent:
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(i)
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a
serious and imminent threat to an individual's life, health
or safety; or |
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(ii)
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a serious threat to public health or public safety; or
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| (e) |
eClinic has reason to suspect that fraud or unlawful activity has
been, is being or may be engaged in, and discloses the Information
as a necessary part of its investigation of the matter or in reporting
its concerns to relevant persons or authorities; or
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| (f) |
the disclosure is required or authorised by or under law; or
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| (g) |
eClinic reasonably believes that the disclosure is reasonably necessary
for one or more of the following by or on behalf of an enforcement
body:
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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; |
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the
enforcement of laws relating to the confiscation of the proceeds
of crime; |
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the
protection of the public revenue; |
| (iv)
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the
prevention, detection, investigation or remedying of seriously
improper conduct or prescribed conduct; |
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the preparation for,
or conduct of, proceedings before any court or tribunal, or
implementation of the orders of a court or tribunal. |
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| 6. |
Security of your Information that you may send to or receive from using
the Service
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| 6.1. |
eClinic will take reasonable steps to ensure that all Information collected
will be protected from misuse and loss and from unauthorised access, modification
or disclosure. eClinic will also take reasonable steps to ensure that
the Information used or disclosed is accurate, complete, up-to-date and
stored in a secure environment accessed only by authorised persons. Transmissions
sent to or from eClinic through the Service are routinely monitored for
quality control and systems administration and are encrypted (using PKI
128 bit encryption methods). If your browser is suitably configured, it
will advise whether the information that you are sending us will be secure
(encrypted) or not secure (not encrypted).
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| 6.2. |
eClinic regularly reviews developments in security of its Service and
its encryption technologies. Unfortunately, no data and/or Information
transmission over the Internet can be guaranteed to be 100% secure. While
eClinic strives to protect your Information from misuse, loss and unauthorised
access, eClinic cannot guarantee the security of any Information you transmit
to or receive from eClinic in the provision of its Service. These activities
are conducted at your own risk. Once eClinic receives your transmission,
eClinic takes reasonable steps to preserve the security of Information
in our systems.
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| 6.3. |
eClinic will take reasonable steps to destroy or permanently de-identify
Information if it is no longer needed for any purpose for which the Information
was obtained or if requested to be destroyed by you.
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| 7. |
How to access, correct or update your Information |
| 7.1. |
You will always have indirect access to the Information and content that
you provide to eClinic by contacting eClinic on info@eclinic.com.au and
access to the Information or requesting changes to be made, unless it
is mandatory information required for your registration application, except
where:
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(a)
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providing
access will pose a serious and imminent threat to life or health of
any individual or pose an unreasonable impact on the privacy of an
individual; |
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(b)
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your request
for access is frivolous or vexatious; |
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(c)
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the Information
relates to existing legal proceedings between eClinic and you and
the Information would not be discoverable in the process of those
legal proceedings; or |
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(d)
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providing
access would be unlawful, may prejudice an investigation of possible
unlawful activity, may prejudice enforcement of laws, or denying access
is specifically authorised by law; or |
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(e)
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an enforcement body asks eClinic not to provide access to the information
on the basis that providing access would be likely to cause damage
to the security of Australia.
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| 7.2. |
You will need your username and password to access and modify your registration
information when you contact us.
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| 7.3. |
If you wish to access or modify Information which you have provided,
but you cannot access the Information at the site mentioned above, please
send an email using the feedback mechanisms on the Service or at
info@eclinic.com.au.
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| 7.4. |
If eClinic does not allow you to access your Information, eClinic will
provide you with the reasons for their decision. If you believe that the
Information collected, used or disclosed is inaccurate, incomplete or
not up to date but eClinic does not agree with you, eClinic will post
a statement of your claim where that Information is kept and accessed.
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| 8. |
Unsubscribe and Opt-out |
| 8.1. |
eClinic provides Registered Users with the opportunity to unsubscribe
at any time by notifying eClinic in writing. Registered Users may also
opt out of receiving marketing and promotional material from eClinic and
our affiliated partners at any time.
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| 8.2 |
If you wish to unsubscribe or opt-out, contact
us with your request at:
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(a)
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Email: info@eclinic.com.au.
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(b)
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Phone: 03 9381 4567 |
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(c)
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Facsimile: 03 9381 4657
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| 9. |
Changes to eClinic's Privacy Policy |
| 9.1. |
If fundamental changes are made to the way that eClinic deals, uses,
discloses and secures the Information and patient information, then eClinic
will undertake to notify Registered Users via email, and/or via a notice
on the home page of the Services or notice at Registered Users next log-in
session, and await consent to the changes from Registered Users.
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| 10. |
Information on Patients |
| 10.1. |
The Patients health information is defined as a combination of a Patient's
personal information and sensitive information, transmitted and stored
through the provision of the Services, actioned by the Patients referring
medical practitioners (ie yourself as the Registered User) providing a
health service to the Patient (such as dispensing a prescription, requesting
a pathology test, reviewing results of pathology test, in relation to
their Patient, Patient demographics, etc). Personal information on Patients
includes the Patient's name, date of birth and referring medical practitioner
(ie Registered User). The sensitive information on Patients may include
patient demographics, medicare number, etc.
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| 10.2. |
eClinic in providing its Services to Registered Users, manages the flow
(the transmission via the Internet and storage on its secured Services)
of personal, sensitive and medical information with respect to Patients,
that is passed through the Services between yourself and the relevant
pathology laboratory, radiology laboratory, pharmacy, and/or pharmaceutical
company.
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| 10.3. |
eClinic does not create, modify, use, disclose, deal with or collect
the personal, sensitive and medical information with respect to Patients
as third parties, for any other purpose other than for ensuring the accurate
and timely delivery of the personal, sensitive and medical information,
as a data communications network facilitator for the provision of its
Services to yourself as a Registered User.
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| 10.4. |
eClinic does not consolidate patient information and does not support
any form of master patient identifier. Although eClinic may receive a
unique identifier for a Patient from a specific Service actioned by yourself
as the Registered User, each identifier is unique for that transaction
and Registered User does not enable use to consolidate patient records
across multiple Registered Users.
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| 10.5. |
Any patient information, if stored by eClinic on its system, is securely
stored and may only be accessed by the Registered User that actioned the
patient information transmission. eClinic will not disclose patient information
to any other third person, affiliated partner or to the Patient directly.
A Patient will not receive confirmation nor will be given access by eClinic
to patient information for a particular transaction transmission that
may be stored in eClinic's system. Patients seeking patient information
shall be referred to their medical practitioner who is the Registered
User that provided the initial health care service to that particular
Patient that resulted in the transmission and collection of the patient
information.
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| 10.6. |
You as the Registered User in accepting this Privacy Policy accept and
acknowledge that you have taken reasonable steps to inform your patients
of the following matters listed in paragraph 10, namely:
| (a) |
you in providing health
care services to your Patient(s) have obtained their consent to disclose
their respective patient information to eClinic, for their information
to be transmitted and stored in the provision of the Services to yourself;
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| (b) |
eClinic is not authorised
and shall not provide access to the patient information to any other
person (including the Patient itself) other than yourself as the Registered
User and that Patients are to consult you and/or your clinic to gain
access to, to correct and update their respective patient Information;
and |
| (c) |
you comply with the Privacy Act 1988 (Cth)
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| 11. |
Affiliated Partners |
| 11.1. |
eClinic in the provision of its Services provides links to other sites
and services of its affiliated partners. You should be aware that eClinic
is not responsible for the privacy practices or the content of any referenced
websites if you rely on the content or use any link offered within the
eClinic Services from time to time. You are encouraged to read the privacy
policy of any linked site as the policies of that company or organisation
operating that linked website will apply to any information you provide
about yourself and your patient once you have entered that link. eClinic
does not share any Information with its affiliated partners or any third
party for any purpose.
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| 11.2 |
eClinic does not warrant and is not responsible for any loss or damage
suffered by your use or dealings with products and services offered by
affiliated websites. eClinic does not accept responsibility for affiliated
partners websites and/or resources. eClinic does not endorse or regulate
the content of affiliated partners web sites and/or resources to which
it provides links to and from.
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| 12. |
What else you should know about privacy |
| 12.1. |
Remember to close your browser when you have finished your login session.
You must not permit others access to your Information and login details
and you must not share a computer with someone else and give others access
to the Service using your login details. You as the Registered User are
responsible for the security of and access to your own computer, Information
and the Service.
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| 12.2. |
Ultimately, you are solely responsible for maintaining the secrecy of
your username, passwords, account information, patient information and
your Information. Please be careful and responsible whenever you are using
the Internet and the Service.
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| 12.3. |
For further information concerning privacy, please refer to The Australian
Privacy Commissioner's Web Site at http://www.privacy.gov.au.
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| 13. |
How to contact us |
| 13.1. |
If you have any concerns or questions in relation to this Privacy Policy,
please contact eClinic by telephoning (03) 9381 4567 during ordinary business
hours or send your questions and comments via email to info@eclinic.com.au
or facsimile (03) 9381 4657 You should also refer to eClinic's Terms of
Use for further information.
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