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Last Updated: February 2023
About this Policy
Australian Biotechnologies Pty Ltd (ABN 32 091 988 402 24) and its related bodies corporate in Australia (“Australian Biotechnologies, “we”, “our”, and “us”) are committed to responsible privacy practices and to complying with the Privacy Act 1988 (Cth) (“Privacy Act”) including the Australian Privacy Principles (“Privacy Principles”) and Notifiable Data Breaches scheme contained in the Privacy Act, and applicable state and territory health records legislation such as the Health Records Act 2001 (Vic), the Health Records (Privacy and Access) Act 1997 (ACT) and the Health Records and Information Privacy Act 2002 (NSW).
Where applicable, Australian Biotechnologies will handle personal information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation.
Where it is practical for us to allow you to do so, you may deal with us anonymously (for example when enquiring generally about our products and services).
What Personal Information do we collect?
Personal Information is information or an opinion about an individual who is or can reasonably be identified by us.
Sensitive Information is any information or opinion about certain things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record, biometric data or health information.
We may collect Sensitive Information where it is reasonably necessary to provide you with a specific product or service or required for the design, manufacture or supply of our products, including where your health information is required for the specifications of an allograft product to be provided for you. We may also collect Sensitive Information when you apply for employment with us or your services are provided to us.
The types of Personal Information that we collect about you will depend on why you are interacting with us and, if applicable, the products or services that you acquire, or enquire about. It may include your name, date of birth, phone number, email address, street address, bank account details, credit card details, your treating health practitioner, unique hospital identifier, hospital admission time and date, the hospitals or other institutions at which you work or where you may be treated, the entity you work for and your position there, any applicable practicing registration and licensing, your employer or business representative’s contact information.
If you do not allow us to collect all of the Personal Information we reasonably request, we may not be able to deliver the products or services you require or process any other request or enquiry.
Throughout the life of any product or service you acquire, we may also collect and hold additional Personal Information about you. This may include but not be limited to, any Personal Information comprised in transactional records, records of enquiries or complaints you make and, if you make a product claim, the collation of additional information to assess the claim.
If you apply for employment with us, we may collect additional Personal Information in relation to you including your educational and employment history and information provided by your referees.
Where you are employed by us, we may collect additional Personal Information from you in the course of your employment with us which may include Sensitive Information including your health information. We may also require health information from any individuals attending our premises including immunisation status and/or Covid-19 test results.
How do we collect and hold Personal Information?
We will collect your Personal Information directly from you, whether in person, on the phone or electronically, when you voluntarily and knowingly provide it to us, or indirectly from a third party for uses relating to the supply or use of our products or services, our educational activities and marketing events or information.
Circumstances where your Personal Information will be collected directly from you include where you:
Circumstances where your Personal Information will be collected from a third party include where:
Each time you visit our websites or social media platforms, we may collect information about you which may include Personal Information (which we will generally de-identify) and may include the following:
Where reasonable and practicable to do so, we will collect your Personal Information only from you. When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Most information that we hold about you will usually be stored electronically. We may store some of your information in secure data centres that are located in Australia or in other secure data centres of our contracted service providers (including cloud storage providers), that may be located outside Australia. We may also store some information that we hold about you securely in paper files or other hardcopy formats.
We may collect Sensitive Information where it is reasonably necessary to provide you with a specific product or service or required for the design, manufacture or supply of our products, including where your health information is required for the specifications of a medical device to be provided for you.
We may collect information about you using cookies when you use our websites or social media platforms. Cookies are small pieces of information stored on your hard drive or in memory. One of the reasons for using cookies is to offer you increased security. They can also record information about your visit to our websites, allowing us to remember you the next time you visit and provide a more meaningful experience.
For what purposes do we Collect, Use and Disclose Personal Information
The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your Personal Information.
The primary purpose for which we collect, use, hold and disclose your Personal (including Sensitive) Information is to provide you with products and services (including where applicable, third party products and services). We may use your Personal Information for related secondary purposes that you would reasonably expect such as the administration and running of our business, any subsequent medical treatment you may need support with, processing any other request or enquiry you or your healthcare provider may have and responding to any questions or complaints in relation to the supply of your device.
We may use the Personal Information that we collect about you to:
We may also use your Personal Information for secondary purposes closely related to the primary purpose for which it was collected, in circumstances where you would reasonably expect such a use or disclosure.
We may disclose Personal Information that we collect from you to a third party as follows:
We may use or disclose your information to comply with our legislative or regulatory requirements in any jurisdiction where we are subject to relevant laws and to prevent fraud, criminal or other activity that may cause you, us or others harm including in relation to our products or services.
Generally, we use contracted service providers to help us in our business activities. For example, they may help us provide you with products and services, deliver technology or other support for our business systems, refer us to new customers, or assist us with marketing and data analysis. These organisations may include:
For example, we may use and disclose health information about you to process a claim under a product warranty or to assess a product related claim, including a complaint, or verify your identity or authorise transactions.
Disclosure of Personal Information interstate and overseas
We may also disclose your Personal Information to our cloud services provider that stores our data outside of Australia. They will usually be located in the United States of America.
In such circumstances, we will take reasonable steps, to ensure that the overseas recipient does not breach the APPs in relation to that information.
In respect of health information covered by health records legislation, unless otherwise required or permitted by law, we will only disclose your health information to a third party outside the state/territory of collection if we reasonably believe that the recipient of the information is subject to a law, binding scheme or contract which upholds principles for fair handling of the information that are substantially similar to those in the applicable health records legislation.
In most circumstances, Australian Biotechnologies does not require Personal Information for you to gain access to our website and in some circumstances you may choose not to identify yourself or use a pseudonym when providing your Personal Information to us. However we may require your Personal Information in some other circumstances. For example, if you are a healthcare practitioner or healthcare provider, we require you to acknowledge this in order to access our website. Our ability to provide our products or services to you or process any request or complaint by you may be adversely affected if you do not give us the requested Personal Information, or if the information you give us is incomplete or inaccurate.
Other Legal and Regulatory Obligations
In addition to Privacy Law, Australian Biotechnologies is subject to a number of applicable laws and regulations in relation to privacy of personal information and as such, its procedures are also governed by the Health records legislation such as Health Records Act 2001(Vic), Health Records and Information Privacy Act 2002 (NSW), and Health Records (Privacy and Access) Act 1997 (ACT), which impose similar obligations to the Privacy Law, as well as additional obligations such as:
Human tissue legislation in each Australian State and Territory, which imposes restrictions on the disclosure of information or publication of records where the donor or recipient can be identified. This legislation also ensures that certain documents (i.e. records of consent) should be kept to demonstrate compliance with the relevant legislation.
In addition, the Therapeutic Goods Act 1989 (Cth) and regulation by the Therapeutic Goods Administration, including the Australian Code of Good Manufacturing Practice for Human Blood and Blood Components, Human Tissues and Human Cellular Therapies, which imposes record keeping requirements such as:
Australian Biotechnologies’ collection, storage, use and disclosure of all Personal Information will be in compliance with the legislation and regulatory guidance listed above.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. We use a range of physical, electronic and other security measures to protect the security, confidentiality and integrity of the Personal Information we hold. For example:
When your Personal Information is no longer needed for the purpose for which it was obtained, or for legal record-keeping purposes, we will take reasonable steps to destroy or permanently de-identify your Personal Information. Some of the Personal Information we collect is or will be stored and be kept by us for a minimum of 20 years.
Access and correction to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. For example, we are not required to give you access to your Personal Information where giving you access would pose a serious threat to any person’s life, health or safety, or to public health or safety, where giving access would be unlawful, where giving access would have an unreasonable impact on other people’s privacy or where we reasonably conclude your request is frivolous or vexatious.
We will take reasonable steps to make sure that your Personal Information is accurate, complete and up to date when we collect, use or disclose it. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality products and services to you.
Any requests for access to, or correction of, your Personal Information should be made directly by contacting us using the details provided below.
If we refuse to give you access to or to correct your Personal Information, we will give you a notice explaining our reasons except where it would be unreasonable to do so. If we refuse your request to correct your Personal Information, you also have the right to request that a statement be associated with your Personal Information noting that you disagree with its accuracy. If we refuse your request to access or correct your Personal Information, we will also provide you with information on how you can complain about the refusal.
Australian Biotechnologies Pty Ltd
Unit 4, 25 Frenchs Forest Road East,
Frenchs Forest NSW 2086
Telephone: (02) 9975 9500
If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner (visit: https://www.oaic.gov.au/privacy/privacy-complaints) or other relevant regulators.
Complaints can also be made in relation to health information we collect and handle to Commissioners responsible for administering State or Territory health information laws.
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