1.1 From time to time Hills and Country Paediatric Dentistry (“Practice“) is required to collect, hold, use and/or disclose personal information relating to individuals (including, but not limited to, its clients, contractors, suppliers and employees) in the performance of its business activities.
1.2 This document sets out the Practice’s policy in relation to the protection of personal information, as under the Privacy Act 1988 (Cth) the (“Act”) and the Australian Privacy Principles (“APP”).
1.3 The APPs regulate the handling of personal information.
2. What is Personal Information?
2.1 Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
3. Employee Records
3.1 This policy does not apply to the collection, holding, use or disclosure of personal information that is an employee record.
3.2 An employee record is a record of personal information relating to the employment of an employee. Examples of personal information relating to the employment of the employee include, but are not limited to, health information and information about the engagement, training, disciplining, resignation, termination, terms and conditions of employment of the employee. Please see the Act for further examples of employee records.
4. Kinds of Information that the Practice Collects and Holds
4.1 The Practice collects personal information that is reasonably necessary for one or more of its functions or activities.
4.2 The type of information that the Practice collects and holds may depend on your relationship with the Practice. For example:
i. Candidate: if you are a candidate seeking employment with the Practice, the Practice may collect and hold information including your name, address, email address, contact telephone number, gender, age, employment history, references, resume, medical history, emergency contact, taxation details, qualifications and payment details.
ii. Client: if you are a client of the Practice, the Practice may collect and hold information including your name, address, email address, contact telephone number, gender and age.
iii. Supplier: if you are a supplier of the Practice, the Practice may collect and hold information including your name, address, email address, contact telephone number, business records, billing information, information about goods and services supplied by you.
iv. Referee: if you are a referee of a candidate being considered for employment by the Practice, the Practice may collect and hold information including your name, contact details, current employment information and professional opinion of candidate.
v. Sensitive information: the Practice will only collect sensitive information where you consent to the collection of the information and the information is reasonably necessary for one or more of the Practice’s functions or activities. Sensitive information includes, but is not limited to, information or an opinion about racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, membership of a trade union, sexual preferences, criminal record, health information or genetic information.
5. How the Practice Collects and Holds Personal Information
5.1 The Practice must collect personal information only by lawful and fair means. The Practice will collect personal information directly from you if it is reasonable or practicable to do so.
5.2 The Practice may collect personal information in a number of ways, including without limitation:
i. through application forms;
ii. by email or other written mechanisms;
iii. over a telephone call;
iv. in person;
v. through transactions;
vi. through our website;
vii. through surveillance camera;
viii. by technology that is used to support communications between us;
a) through publically available information sources (which may include telephone directories, the internet and social media sites);
b) direct marketing database providers;
5.3 When the Practice collects personal information about you through publicly available information sources, it will manage such information in accordance with the APPs.
5.4 At or before the time or, if it is not reasonably practicable, as soon as practicable after, the Practice collects personal information, the Practice must take such steps as are reasonable in the circumstances to either notify you or otherwise ensure that you are made aware of the following:
i. the identity and contact details of the Practice;
ii. that the Practice has collected personal information from someone other than you if you are unaware that such information has been collected;
iii. that collection of personal information is required by Australian law, if it is;
iv. the purpose for which the Practice collects the personal information;
v. the consequences if the Practice does not collect some or all of the personal information;
vi. any other third party to which the Practice may disclose the personal information;
viii. whether the Practice is likely to disclose personal information to overseas recipients, and the countries in which those recipients are likely to be located.
5.5 Unsolicited personal information is personal information that the Practice receives which it did not solicit. Unless the Practice determines that it could have collected the personal information in line with the APPs or the information is contained within a Commonwealth record, it must destroy the information to ensure it is de-identified.
6. Purposes for which the Practice Collects, Holds, Uses and/or Discloses Personal Information
6.1 The Practice will collect personal information if it is reasonably necessary for one or more of its functions or activities.
6.2 The main purposes for which the Practice may collect, hold, use and/or disclose personal information may include but are not limited to:
i. recruitment functions;
ii. client service management;
iii. training and events;
iv. surveys and general research; and
v. business relationship management.
6.3 The Practice may also collect, hold, use and/or disclose personal information if you consent or if required or authorised under law.
6.4 The Practice may use or disclose personal information (other than sensitive information) about you for the purpose of direct marketing (for example, advising you of new goods and/or services being offered by the Practice).
6.5 The Practice may use or disclose sensitive information about you for the purpose of direct marketing if you have consented to the use or disclosure of the information for that purpose.
6.6 You can opt out of receiving direct marketing communications from the Practice by contacting the Privacy Officer in writing or if permissible accessing the Practice’s website and unsubscribing appropriately.
7. Disclosure of Personal Information
7.1 The Practice may disclose your personal information for any of the purposes for which it is was collected, as indicated under clause 6 of this policy, or where it is under a legal duty to do so.
7.2 Disclosure will usually be internally and to related entities or to third parties such as contracted service suppliers.
7.3 Before the Practice discloses personal information about you to a third party, the Practice will take steps as are reasonable in the circumstances to ensure that the third party does not breach the APPs in relation to the information.
8. Access to Personal Information
8.1 If the Practice holds personal information about you, you may request access to that information by putting the request in writing and sending it to the Practice Manager. The Practice will respond to any request within a reasonable period, and a charge may apply for giving access to the personal information.
8.2 There are certain circumstances in which the Practice may refuse to grant you access to the personal information. In such situations the Practice will give you written notice that sets out:
i. the reasons for the refusal; and
ii. the mechanisms available to you to make a complaint.
9. Correction of Personal Information
9.1 If the Practice holds personal information that is inaccurate, out-of-date, incomplete, irrelevant or misleading, it must take steps as are reasonable to correct the information.
9.2 If the Practice holds personal information and you make a request in writing addressed to the Privacy Officer to correct the information, the Practice must take steps as are reasonable to correct the information and the Practice will respond to any request within a reasonable period.
9.3 There are certain circumstances in which the Practice may refuse to correct the personal information. In such situations the Practice will give you written notice that sets out:
i. the reasons for the refusal; and
ii. the mechanisms available to you to make a complaint.
9.4 If the Practice correct personal information that it has previously supplied to a third party and you request us to notify the third party of the correction, the Practice will take such steps as are reasonable to give that notification unless impracticable or unlawful to do so.
10. Integrity and Security of Personal Information
10.1 The Practice will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that it:
i. collects is accurate, up-to-date and complete; and
ii. uses or discloses is, having regard to the purpose of the use or disclose, accurate, up-to-date and complete.
10.2 The Practice will take steps as are reasonable in the circumstances to protect the personal information from misuse, interference, loss and form unauthorised access, modification or disclosure.
10.3 If the Practice holds personal information, it no longer needs the information for any purpose for which the information may be used or disclosed, the information is not contained in any Commonwealth record and the Practice is not required by law to retain the information, it will take such steps as are reasonable in the circumstances to destroy the information or to ensure it is de-identified.
11. Anonymity and Pseudonymity
11.1 You have the option of not identifying yourself, or using a pseudonym, when dealing with the Practice in relation to a particular matter. This does not apply:
i. where the Practice is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or
ii. where it is impracticable for the Practice to deal with individuals who have not identified themselves or who have used a pseudonym.
11.2 However, in some cases if you do not provide the Practice with your personal information when requested, the Practice may not be able to respond to your request or provide you with the goods or services that you are requesting.
12.1 You have a right to complain about the Practice’s handling of your personal information if you believe the Practice has breached the APPs.
12.2 If you wish to make such a complaint to the Practice, you should first contact the Privacy Officer in writing. Your complaint will be dealt with in accordance with the Practice’s complaints procedure and the Practice will provide a response within a reasonable period.
12. 3 If you are unhappy with the Practice’s response to your complaint, you may refer your complaint to the Office of the Australian Information Commissioner.
13. Privacy Officer Contact Details
13.1 The Practice’s Privacy Officer can be contacted in the following ways:
i. Telephone number: 08 8151 3939
ii. Email address: firstname.lastname@example.org
iii. Postal address: PO Box 607 Hahndorf SA 5245
14. Breach of this Policy
14.1 Any employee who is found to have breached this policy may be subject to disciplinary action, up to and including termination of employment.
15.1 This policy does not form part of any Employee’s contract of employment. The Practice may vary, replace or terminate this policy from time to time.