Privacy Policy
Full Privacy Policy and Terms and Conditions
Privacy Policy – In Clinic
Osteopathy and Nutrition: Our practice and your privacy
Privacy at a glance
The provision of safe and quality osteopathic care is our principal concern. This requires a strong relationship between the osteopath and the patient based on trust and confidentiality.
Your osteopath regards your health information as confidential. Your personal information is handled in accordance with the practice’s privacy policy and is consistent with Commonwealth and State/Territory law.
You are entitled to know what personal information is held about you; how and under what circumstances it may be disclosed; when consent is required for these purposes; and how it is stored.
We will discuss these matters with you at the time your health information is collected while attending this practice.
Clinical records are stored and transmitted securely and safeguarded against loss or damage.
Access to your information
You have the right to access your information. You may ask to view the information or ask for a copy of a part or of the whole record. You are not required to give reasons, but you may be asked to clarify the scope of the request.
Often a request will need to be in writing. Access to some information may be limited in some circumstances, but in such an event we will advise you of the reasons.
At your request, your health information held by this practice will be made available to another health service provider.
Under the Privacy Principles, the practice may charge a fee if it incurs costs in providing access, particularly if records need to be copied. Typically, it’s about $25 but may be higher for larger files.
If you find that the information held is not accurate or complete, you may have that information amended accordingly.
Parents/guardians and children
Although this may surprise some parents, privacy laws apply to children as well as adults. Under the Privacy Guidelines, a child’s right to privacy of their health information may at times restrict access by parents/guardians to that same information.
Collection, use, and disclosure of your health information
Osteopaths must keep clinical records. It’s a government requirement, and information about your medical and family health history is needed to provide accurate diagnoses and appropriate treatment.
We will only seek information that is relevant to your health. This information is generally collected directly from you or otherwise with your consent. However, from time to time we may receive information from others (for example, X-ray images and referrals from other practitioners). When this occurs, we will wherever possible make sure you know we have received this information.
Some information about you may be provided to Medicare or your private health insurer, if relevant, for billing and rebate purposes. This information generally does not include your detailed clinical records but may depend on the terms of your insurance policy.
There are circumstances where a health practitioner is legally required to disclose information. An example of this is a subpoena or other mandatory reporting requirements.
Generally, workers compensation and traffic accident schemes require patients treated under those schemes to agree their health information can be shared with the scheme and its insurers.
It is necessary for us to keep your health information for as long as is required by law (generally 7 years after your last consultation, but longer in some circumstances).
We will inform you if we intend to transfer your clinical records to another osteopath or clinic, or if we sell or close this clinic.
Have some questions?
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If you have questions or concerns related to the privacy of your information, you should discuss these with the clinic or your osteopath.
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If you are dissatisfied, contact the Office of the Australian Information Commissioner at 1300 363 992 or access further information via www.oaic.gov.au.
Privacy Policy Website
About this policy
Freya Health Pty Ltd ABN 85 757 520 539 (“us”, “we”, or “our”) recognises the importance of your privacy and respects your right to control how your personal information is collected and used.
We are an APP Entity as defined in the Privacy Act 1988 (Cth) (the “Act”). This privacy policy is aligned with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (Privacy Act) and describes the way that we may collect, hold and disclose personal information.
This Privacy Policy applies to our websites, www.freyahealth.com.au and freya.health (the “Site”) which is operated by us, and to the products and services provided by us. In this policy “Personal Information” means any information that may identify you, or by which your identity might be reasonably determined. The information you provide us may include, amongst other things, your name, address, email address, and phone number.
“Sensitive Information” means any information about an individual’s racial or ethnic origin, political opinions, memberships of a political organisation, religious belief or affiliation, philosophical belief, membership of a professional or trade association, membership of a trade union, sexual preference or practices, criminal record or health information.
Collection
To provide our services to you, we may collect Personal Information, such as your contact details, including your name, email address and contact phone number, your business or company name; your payment and billing information, which we use to bill you for the Services and to process your payments, including credit card details. We may also collect details of conversations we have had with you or any other information relevant to us.
We may also collect Sensitive Information about you, such as medical reports, referrals, medication, health history and other important health information where you consent, and such information is reasonably necessary to provide our services to you.
We automatically collect through our Site and Services, information that is often not personally identifiable, such as the website from which visitors came to our Site, IP address, browser type and other information relating to the device through which they access the Site. We may combine this information with the Personal Information we have collected about patients.
Use & Disclosure
Personal information collected by us will generally only be used and disclosed for the purpose it was collected. This includes maintaining your account and contact details, providing you with our products and services and processing payments. We may disclose your personal information to third parties or contractors who are integral to the provision of our services and business operations.
We may from time to time use personal information for another purpose where it would be reasonably expected by you or if permitted by the Privacy Act, including to discharge our professional obligations, effectuate or enforce a transaction, procuring advice from legal and accounting firms, auditors and other consultants.
We may also use and share aggregate or non-personally identifying information about patients for market analysis, research, marketing or other purposes.
We will not disclose, sell, share or trade your Personal Information to any third parties unless we first receive your consent.
We may provide health Information to other medical service providers, such as your general practitioner or specialist medical practitioners. We will only supply this information with your consent, or in circumstances where it is required for the delivery of health services, such as referral to another health service provider, billing and liaising with government offices regarding Medicare entitlements and payments, where it is necessary to prevent or lessen a serious threat to a patient’s life, health or safety, or as permitted by law.
Access & Accuracy
You can access and/or correct information we hold about you at any time by contacting us at Freya Health – info@freyahealth.com.au. We encourage you to contact us to keep your Personal Information up to date.
We will respond to your request for access or correction of Personal Information within a reasonable time. We reserve the right to charge an administration fee to cover the costs of responding to your request, for example, where Personal Information is held in off-site storage.
If required by law or where the information may relate to existing or anticipated legal proceedings, we may deny your request for access to your information. We will respond to your request, setting out the reasons for our refusal in writing.
Storage & Security
We will take reasonable steps to protect your Personal and Sensitive Information from misuse, loss, unauthorised access and modification or disclosure. We use commercially reasonable physical, technical and administrative measures to protect Information that we hold, including, where appropriate, password protection, encryption, and SSL to protect our Site.
Despite taking appropriate measure to protect Personal and Sensitive information used and collected by us, please be aware that no data security measures can guarantee 100% security all of the time. We cannot guarantee the security of any information transmitted to us via the internet and such transmission is at your risk.
If we no longer require the use of your Personal information, we will take reasonable steps to destroy or permanently de-identify it. Health records will be destroyed in accordance with our professional obligations.
Personal information may be stored electronically through third party data centres, which may be located overseas, or in physical storage at our premises or third-party secure storage facilities.
You are solely responsible for the maintaining the secrecy of any passwords and other account information pertaining to our Platform, apps or services.
Confidentiality
Freya Health collects personal and medical information that is necessary to provide the best possible patient care to enable appropriate and thorough diagnosis, treatment and management of our patients. Freya Health is committed to ensuring that any information held is complete, timely and accurate. Freya Health takes appropriate steps to ensure that all information is protected from loss, misuse or unauthorised access, disclosure or modification. The premises are secure and access to our administrative and patient records systems is restricted via user identification and password. All Freya Health staff and contractors are subject to strict obligations of confidentiality. In handling your personal information, Freya Health is committed to complying with the Privacy Act 1988 and the National Privacy Principles (NPP) effective under the Privacy Amendment Act 2001 and operates in accordance within the Principles of Osteopathy Board of Australia, regulated by Australian Health Practitioner Regulation Agency.
Data breach notification scheme
If we have reason to suspect a data breach has occurred, we will undertake an assessment in accordance with the Notifiable Data Breach Scheme. If we determine there has been an eligible data breach, we will notify you as soon as reasonably practicable.
If the breach relates to the My Health Records Act, we may disclose your personal information to the My Health Records System Operator under s 73A of that Act.
Identifiers
An identifier is a unique number assigned to an individual to identify them. Identifiers include Medicare Numbers and Tax File numbers. We will not adopt as our own any identifier of you or use or disclose an identifier of you which has been assigned by a government agency, unless permitted under the Act.
Cookies, web beacons and analytics
When you interact with our Site, we strive to make your experience easy and meaningful. We, or our third-party service providers, may use cookies, web beacons (clear GIFs, web bugs) and similar technologies to track site visitor activity and collect site data. We may combine this data with the Personal Information we have collected from patients. Examples of information that we may collect include technical information such as your computer’s IP address and your browser type, an information about your visit such as the products you viewed or searched for, the country you are in, what you clicked on and what links you visited to get to or from our site. If we identify you with this information, any use or disclosure of that information will be in accordance with this Privacy Policy.
Video Consultations/Telehealth
You give your consent to undertake a virtual clinical assessment by practitioners and contractors of Freya Health Pty Ltd. The release of information relating to your health and fitness to work, and you understand that your practitioner will report as required to your Insurer/Employer/Organisation/Solicitor details of any clinical assessment and treatment recommended and/or undertaken by your clinician in respect to your condition. You give your consent that you have done the following before your first video consultation:
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Ensured you have an internet, phone or virtual meeting connection robust and clear enough to enable fluid ‘real-time’ communication enabling mutual uninterrupted clarity.
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Downloaded and installed software enabling video consultation with end to end encryption. Your practitioner will send you information and a link regarding this at the time of booking.
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Emailed the practitioner undertaking the video consultation with you any medical imaging reports (x-ray, MRI's etc), blood test results and referral information necessary, prior to your consultation for review by that practitioner.
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Have minimized background noise much as possible to ensure all audio is clear and comprehensive during the video consultation.
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Have set up a private space to perform the video consultation e.g. a home office or spare room.
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Understand that you are responsible for your own privacy in the space during the consultation.
Third-party websites
At times, our Site may contain links to other, third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but, instead, is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
Marketing emails
We may send you direct marketing emails and information about products and services that we consider may be of interest to you. These communications will only be sent via email and in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth) as you consented to upon registering for our Services. If, at any time, you would like to stop receiving these promotional emails, you may follow the opt-out instructions contained in any such email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails or promotions from us, we still may send you email about your account, any Services you have requested or received from us, or for other customer service purposes. We do not provide your Information to other organizations for the purposes of direct marketing.
If you receive communications from us that you believe have been sent to you other than in accordance with this Privacy Policy, or in breach of any law, please contact us using the details provided below.
Consent to international transfer
We may transfer your Personal or Sensitive Information to organisations in other countries. Recipients may include our related entities or employees, external service providers such as administration providers or information technology providers such as cloud storage and data processing. We only transfer information where we reasonably believe that the recipient is legally or contractually bound to principles that are substantially similar to the Australian Privacy Principles.
Changes to this policy
We may change this Privacy Policy from time to time. Any updated versions of this Privacy Policy will be posted on our Site – you should check periodically to review our current Privacy Policy, which is effective as of the effective date listed below. Your continued use of any of our Site and Services constitutes your acceptance and understanding of the Privacy Policy as in effect at the time of your use. If we make any changes to this Privacy Policy that materially affect our practices with regard to the Personal Information we have previously collected from you, we will endeavour to provide you with notice in advance of such change by highlighting the change on the Site, or where practical, by emailing patients. This policy is current as of 01/02/2021.
Complaints and Enquiries
If you have any questions or complaints regarding privacy, or if at any time you believe we may have wrongfully disclosed your Personal and Sensitive Information or breached our privacy obligations, please contact us on 0422 626 061 or lodge your complaint in writing to:
Attn: Rebecca Malon
15c/40 Annerley Road
Woolloongabba, QLD 4102
or at bec@freyahealth.com.au
If you are not satisfied with our response you are entitled to contact the Federal Privacy Commissioner, by phoning 1300 363 992 or writing to the Director of Complaints, Office of the Federal Privacy Commissions, GPO Box 5218, Sydney NSW 1042.
Terms & Conditions of Website freyahealth.com.au / freya.health
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Freya Health’s relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to freyahealth.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and freyahealth.com.au frey.health rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that freyahealth.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), freyahealth.com.au and freya.health liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of freyahealth.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
freyahealth.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 30 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly, and payment made by the same method that you made payment. All refunds are made at the discretion of freyahealth.com.au
LINKS TO OTHER WEBSITES
freyahealth.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between freyahealth.com.au and the owners of those websites. freyahealth.com.au takes no responsibility for any of the content found on the linked websites.
freyahealth.com.au website may contain information or advertisements provided by third parties for which freyahealth.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, freyahealth.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. freyahealth.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of freyahealth.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At freyahealth.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. freyahealth.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. freyahealth.com.au secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data freyahealth.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
THIRD PARTIES
freyahealth.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
freyahealth.com.au may be required, in certain circumstances, to disclose information in good faith and where freyahealth.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
freyahealth.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and freyahealth.com.au concerning your use and access to freyahealth.com.au website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and freyahealth.com.au that results in litigation then you must submit to the jurisdiction of the courts of QLD.