This policy is to inform and govern the manner in which Trent Davidson Dental Pty Ltd ACN 622 779 051 trading as Northside Dental Solutions (NDS) collects, uses, and manages personal information in accordance with the Australian Privacy Principles as contained in the Privacy Act 1988 (Cth) (the Act).
This policy may be varied by NDS from time to time.
What is personal information?
Personal information means information or an opinion about an identified individual (or an individual who is reasonably identifiable), whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
Personal information can include sensitive information. Sensitive information means information or an opinion about health and related information, including about a person’s physical, mental health, general and specific conditions and illnesses, safety and personal management issues, and a person’s race, ethnic origin, political opinions, membership of political associations and trade associations, religious or philosophical beliefs, sexual orientation or practices, criminal record, genetic information about an individual that is not otherwise health information, biometric information that is used for the purpose of automated biometric verification or biometric identification and biometric templates.
Due to the nature of the services that NDS provides, the personal information which may be collected, used, and managed by NDS, may include sensitive information.
What kinds of personal information are collected and held by NDS?
Examples of the kinds of personal information that may be collected by NDS include:
• a person’s name;
• a person’s residential address, postal address, email address, telephone number, and other contact details;
• a person’s employer and/or place of business;
• patient health and medical information, physical and mental including emergency contact(s); and
• surveillance and security footage and material.
NDS does not use any government related identifiers, such as Medicare numbers, as its own identifier of any individual. NDS will not use or disclose any government related identifiers other than in accordance with the Act.
How does NDS collect and hold personal information?
NDS collects personal information:
• from individuals directly (including patients);
• from health care professionals and service providers in the course of them providing health services;
• from its suppliers and contractors; and
• through CCTV cameras and other security technologies.
If you provide us with sensitive information about other individuals, such as health information, please ensure that the individual or the individual’s representative is aware of the disclosure and that he or she consents to the disclosure to NDS as well as to the handling of their personal information in accordance with this policy.
How does NDS deal with personal information?
NDS may collect, hold, use and disclose personal information for the following purposes:
• to provide health services;
• to respond to requests and inquiries;
• to contact individuals, via email, telephone or otherwise;
• to provide you with information that we believe may be of interest to you;
• direct marketing and business development;
• to develop and improve programs, products, services and content;
• to protect NDS’s rights and property;
• for security and occupational health and safety purposes;
• to investigate or report suspected unlawful activity;
• to protect someone’s life, health, safety or welfare;
• to comply with a law or regulation, any guidelines or recommendations issued by a professional or regulatory body, or a court order or other legal process.
NDS never uses patients’ health information or any other sensitive information for direct marketing purposes.
Disclosure to other parties
NDS may disclose personal information to:
• related entities of NDS;
• contractors we use to support our business (including IT support and other IT services, laboratory services, delivery services and financial institutions);
• our suppliers;
• our lawyers, accountants and other business advisers;
• health care professionals and health service providers;
• government health agencies such as Medicare;
• private health care insurers and providers;
• law enforcement officers, regulators, courts and government agencies – if required by law or regulation, court order or other legal process, or in order to protect NDS’s rights, property, or if necessary to prevent a threat to any person’s life, health or safety.
NDS will not sell or exchange your personal information except in conjunction with a corporate sale, merger, dissolution, acquisition or other similar event.
Data integrity and security
NDS takes reasonable steps to ensure that the personal information that it collects, uses and discloses is accurate, up-to-date and complete. We encourage individuals to assist us with this by contacting us if you are aware that any of your personal information is not accurate, up-to-date or complete.
NDS takes reasonable steps to protect personal information it holds from misuse, interference and loss, as well as unauthorised access, modification or disclosure.
NDS’s data is securely stored in Australia and is not stored or transferred outside of Australia.
When NDS no longer needs personal information for any purpose for which the information may be used or disclosed under the Australian Privacy Principles, we take reasonable steps to destroy the information or ensure that it is de-identified, except if the information is part of a Commonwealth record or NDS is required by law or a court or tribunal order to retain the personal information.
Access and correction
Individuals have a right to request access to their personal information and to request its correction. To do so, please contact NDS’ Privacy Officer. Contact details are provided below.
NDS does not impose a charge for making a request for access, however we may charge for reasonable administrative costs incurred in providing access.
NDS encourages individuals to advise our Privacy Officer if your personal information requires correction or updating. NDS does not impose any charge with respect to requests for correction or updates.
Before correcting or providing access to personal information in response to a request, NDS will require your identity to be confirmed.
Requests for access or correction may be refused upon the grounds contained in the Act. If we refuse to provide access, or to correct personal information, NDS will provide you with reasons for the refusal.
Complaints
A person who wishes to complain about a breach of the Australian Privacy Principles by NDS should contact our Privacy Officer.
NDS will not impose any charge for making a complaint, or for dealing with the complaint. Once a complaint has been lodged, our Privacy Officer will acknowledge its receipt to you as soon as possible.
We will do our best to ensure that our investigation is completed, and a decision on your complaint is communicated to you, within 30 days from our receipt of the complaint. We will contact you if we need more time.
You may also contact the Australian Information Commissioner:
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Telephone: 1300 363 992
Fax: 02 9284 9666
Website: www.oaic.gov.au
NDS’ Privacy Officer
NDS’ Privacy Officer’s contact details are:
The Privacy Officer
Northside Dental Solutions
2B/10 Vine Street, Clayfield QLD 4011
Telephone: 07 3868 2753
Email: info@northsidedentalsolutions.com.au
This policy is current as at 11 January 2023.
Website Terms of Use
In these Terms of Use, the expressions ‘we’, ‘us’ and ‘our’ are a reference to Trent Davidson Dental Pty Ltd ACN 622 779 051 trading as Northside Dental Solutions. The expression ‘you’ and ‘your’ are a reference to you as the user of the website.
These Terms of Use apply to your access and use of the website northsidedentalsolutions.com.au and any affiliated websites (the website). In using the website, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must not access or use the website.
Use of the website
You may access and use the website and its content in accordance with these Terms of Use.
We do not promise you any of the following with respect to your use of the website:
- that you will have uninterrupted or error-free access to and use of the website, whether by the internet, WAP or any other method;
- that the content of the website is accurate, complete, or suitable for a particular purpose. You must rely on your own judgment in relation to any matter of that type;
- that the website or any files available for downloading will be error free or free from viruses, faults or defects or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through the website by an third party;
- that there will not be any unauthorised access to or use of our secure servers which may result in your personal information being accessed;
- that your internet or mobile service provider will allow you access to the website. You are responsible for ensuring your service provider will allow you access to the website and its content and for any costs and service fees associated with the access; and
- that your computer, mobile or other hardware devices will allow you access to the website. You are responsible for ensuring your devices will allow you access to the website and its content and for any costs and service fees associated with the access.
The website may provide links to websites and other online resources operated by third parties. You acknowledge and agree that we do not have any control over, and are not responsible or liable for, the content of any website or other online service operated by any third party.
Acceptable use
You must not use the website in a way which is excessive, unreasonable, unlawful, or harms or is likely to harm the integrity of the website or inhibits another user from accessing or using the website. What constitutes prohibited activity will be determined by us at our sole discretion. By way of guidance only, prohibited activity may include:
- making the website available to any third party;
- distributing or transmitting any part of the website (including its content) by any means;
- interfering with the operation of the website or use of the website by any other person;
- disproportionately consuming the resources of the website;
- attempting to use the website or access information on the website other than as intended and through the ordinary function of the website;
- attempting to circumvent any security or other limitations implemented on the website;
- uploading trojans, viruses, or other malware to the website;
- using or downloading content from the website by way of automated software;
- uploading to, or distributing through, the website, any material which constitutes, encourages, enables or facilitates (as determined by us at our sole discretion):
- hate speech;
- discrimination on the basis of gender, disability, religion, or ethnicity;
- defamation, harassment, or physical harm to any person;
- content or activities of a sexual or explicit nature; or
- any material or act which is illegal or morally questionable; or
- using the website in such a way that is likely to damage our brand and reputation.
Privacy
We will collect and use all personal information which you provide us through the website in accordance with our Privacy Policy available on the website, listed above.
Intellectual property rights
The intellectual property rights to the website and the material available therein are owned by or licensed to us.
You may use and reproduce the material available through the website, provided that you:
- keep the material confidential;
- do not modify any notices or marks of origin on the material;
- do not publish or distribute the material; and
- do not make any claim of ownership or exclusivity to the material.
Except as expressly provided above, you may not copy, reproduce, republish, distribute, or otherwise deal in any way with the website or any of the material available on the website without our prior written consent.
Third Party Providers
We may engage third parties from time to time perform or provide a service in connection with the website including hosting, data warehousing, email, or security services, or to provide a component or service required for a feature of the website.
Some features of the website may require you to use a service provided by a third party provider. Your use of any such feature is at your sole discretion. However, if you elect not to use that feature, you may not obtain the full benefit of the website.
You acknowledge and agree that you will not hold us responsible or liable for any malicious or negligent act or omission of any third party provider.
Liability
To the extent provided by law, the website and the content therein is provided “as-is”. We expressly disclaim all warranties or guarantees of any kind, whether express, implied, statutory, or arising out of the course of performance, course of dealing or usage of trade, including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title, or non-infringement.
We are not liable to you for any loss or damage arising, directly or indirectly, whether in contract, tort, statute, or otherwise, in respect of your use of the website (including any unavailability of the website) or any of the content therein, including, without limitation, loss of profit, loss of revenue, loss of contract value, loss of anticipated profit, loss of opportunity, loss of data, or any other special, indirect, or consequential loss.
You represent and warrant that you have made your own independent enquiries and satisfied yourself in the absence of any representation, guarantee, or warranty from us, prior to any use of or reliance upon the website or any content therein.
Breach
If you breach, or we suspect that you have breached, any of these Terms of Use, we may, in addition to any other rights that we have under the Terms of Use (or any policy or other document incorporated herein), at law, or otherwise, require that you cease using the website, or take preventative steps so that you may no longer use the website.
You acknowledge and agree that any breach by you of these Terms of Use may cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining, in addition to any other remedies we may have in law or equity, any injunctive or equitable relief that we deem necessary or appropriate in such circumstances.
You indemnify, defend, and hold us and our directors, officers, employees, contractors, and agents, harmless against any claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, charge, liability, or expense (including legal costs on a solicitor and client basis), howsoever arising, whether present, unascertained, immediate, future, or contingent, and whether based in contract, tort, statute, or otherwise, arising as a result of your deliberate or negligent breach of these Terms of Use or of any law.
Dispute Resolution
If you believe you have a reason to raise a dispute with us under these Terms of Use for any reason, you must first provide us with written notice of the dispute including particulars of the dispute and your current contact details for us to communicate with you regarding the dispute. Our authorised representatives will, within seven (7) days, discuss the dispute in good faith and attempt to resolve the dispute.
If our authorised representatives are unsuccessful in resolving the dispute within thirty (30) days of our receiving notice of the dispute, either of us may refer the dispute for mediation. The mediation will be held in Brisbane, Australia and the dispute will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President’s nominee. Each of us must bear our own costs of the mediation and bear equally the mediator’s costs, and are entitled to legal representation at the mediation.
You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with the foregoing dispute resolution process.
Miscellaneous
We may transfer or assign our rights or obligations arising under these Terms of Use. You agree to take all steps necessary to enable us to transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Use.
Any waiver of any of our rights under these Terms of Use is not effective unless in writing signed by us. Any failure or delay by us in exercising a right under these Terms of Use does not constitute a waiver of our rights. Any waiver by us will only waive our particular rights in the particular circumstances and will not waive any of our other rights, or the same rights in other circumstances.
If any clause of these Terms of Use is illegal, void or unenforceable in any jurisdiction, that clause may be severed for the purpose of that jurisdiction only and the remainder of these Terms of Use continues in full force and effect in that jurisdiction.
These Terms of Use constitute the whole of the agreement between us and sets out all the parties’ rights and obligations relating to the subject matter therein, and replaces all earlier representations, statements, agreements and understandings except as stated otherwise in these Terms of Use. You acknowledge and agree that you have not relied on any statement, representation, assurance or warranty made by any person (including a third party) in accepting these Terms of Use.
You acknowledge and agree that:
- where you may have a dispute or claim against us, these Terms of Use shall be interpreted in accordance with Australian law and you submit to the exclusive jurisdiction and venue of Queensland, Australia; and
- where we may have a dispute or claim against you, due to the variety of events which may occur and which may cause us loss, we may be required to take action in other jurisdictions in order to protect our rights and you submit to whichever jurisdiction we consider appropriate for such dispute or claim.
These Terms of Use are current as at 11 January 2023.