Back In Motion is required by the Privacy Act 1988 (Cth) (Privacy Act) to comply with the Australian Privacy Principles (APP) (subject to the other provisions of the Privacy Act). The APP’s regulate the manner in which personal information is handled, from collection, to use and disclosure, storage, accessibility and disposal. Back In Motion is also required to comply with the Spam Act 2003 (Cth) (Spam Act) and the Do Not Call Register Act 2006 (Cth) (Do Not Call Register Act)
What is Personal Information?
‘Personal information’ is any information or an opinion, in any form and whether true or not, about an identified individual, or an individual who is reasonably identifiable from the information or opinion ascertained. Examples include an individual’s name, address, contact number and email address.
Special provisions apply to the collection of personal information which is defined as sensitive information. Sensitive information includes the collection of Health Information for use by a Health Service.
What is Health Information?
‘Health Information’ is defined to be:
- Information or an opinion, that is also personal information, about:
- The health or a disability (at any time) of an individual, or
- An individual’s expressed wishes about the future provision of health services to him or her, or
- A health service provided, or to be provided to an individual, or
- Other personal information collected to provide, or in providing, a health service.
Examples of Health Information Back In Motion may collect include:
- Clinical notes of an individual’s symptoms, diagnosis and the treatment given.
- Specialist reports and test results
- Appointment and billing details
- Prescriptions and other pharmaceutical purchases
- An individual’s healthcare identifier when it is collected to provide a health service.
- Any other personal information (such as information about an individual’s race, sexuality, religion, date of birth, gender) reasonably necessary to provide a health service.
What is a Health Service?
‘Health Service’ is defined to mean:
- An activity performed in relation to an individual that is intended or claimed (expressly or otherwise) by the individual or the person performing it:
- To assess, record, maintain or improve the individual’s health, or
- To diagnose the individual’s illness or disability, or
- To treat the individual’s illness or suspected illness or disability
The Privacy Act applies to all organisations that provide a health service, including Allied Health professionals. BACK IN MOTION will only handle the minimum amount of health information reasonably necessary to provide the required health service.
Collection of Personal Information
To the extent required by the Privacy Act:
- Back In Motion will not collect personal information about you unless that information is necessary for one or more of our functions or activities.
- Back In Motion will collect personal information only by lawful and fair means and not in an unreasonably intrusive manner.
When Back In Motion collects personal information directly from you, we will take reasonable steps at or before the time of collection to ensure that you are aware of the purposes of collection, any other organisations (or types of organisations) to which we would usually disclose information of that kind, detail on how you access the information and how to contact us.
Use and Disclosure of Personal and Health Information by Back In Motion
The personal information you provide to Back In Motion will be collected for the primary purpose of providing high quality health care. If Back In Motion uses or discloses your personal and/or health information for a purpose (secondary purpose) other than the main reason for which it was originally collected (primary purpose), to the extent required by the Privacy Act, we will ensure that:
- The secondary purpose is related to the primary purpose (and directly related in the case of sensitive information) and you would reasonably expect that Back In Motion would use or disclose your information in that way;
- You have consented to the use and disclosure of your personal and/or health information for the secondary purpose.
Where required, personal and/or health information will be disclosed as required or authorised by or under law or as otherwise permitted by the Privacy Act.
Why does Back In Motion collect Personal and Health Information?
Back In Motion collects personal and/or health information for a range of purposes including:
- The provision of high quality health care
- To administer accounts and process payments
- To communicate with you regarding any issues affecting your treatment
- Provide information on services and benefits available to Clients
- To notify Clients of promotions and events
- To use for research purposes, case conferences, in study groups and at seminars (please note in these instances, all personal information will be de-identified).
From time to time, Back In Motion will contact its Clients and non-Clients whose personal information has been collected for a range of reasons including:
- Appointment Reminders
- Appointment Follow Ups
- Marketing and promotional material about new products, services or special offers.
- Periodic Newsletters
- Practice Updates
- To provide you with information about the current and future benefits of being a Back In Motion client.
- Market research or surveys to improve our products and services.
You can let us know at any time if you do not wish to be contacted for any of these purposes. If you originally provide consent, your consent will remain current until you advise us otherwise.
How might we contact you?
We might contact you in a number of ways including:
- Telephone Call
We will not send you any commercial electronic messages such as SMS’s or emails unless this is permitted by the Spam Act. Any commercial electronic message that we send will identify Back In Motion as the sender and will include our contact details. The message will also provide an unsubscribe facility. If you do not wish to receive commercial electronic messages from us, please let us know.
Do Not Call Register
We will not call you on a number listed on the Do Not Call Register unless this is permitted under the Do Not Call Register Act. If you do not wish us to call you on a particular number, please let us know.
When does Back In Motion disclose Personal/Health Information to Third Parties?
In performing our functions and activities, we may need to disclose personal and/or health information to third parties. Third parties may include, where appropriate:
- Other members of your treating team where necessary.
- Other health care professionals, if in our judgement that is necessary in the context of your treatment.
- Financial institutions for payment processing.
- Government and other regulatory bodies such as Department of Veterans Affairs, Transport Accident bodies and Workers Compensation bodies.
- Your employer, where required and permissible in relation to a work related injury.
- Back In Motion’s contracted service providers, including:
- Information technology service providers;
- Printers and distributors of direct marketing materials; and
- External business advisors (such as auditors and lawyers).
Data Quality and Security
To the extent required by the Privacy Act, Back In Motion will take reasonable steps to:
- Make sure that the personal and health information we collect, use and disclose is complete, accurate and up to date.
- Protect the personal and health information that we hold from misuse and loss and from unauthorised access, modification or disclosure.
- Destroy or permanently de-identify personal and health information that is no longer needed for any purpose that is permitted by the Privacy Act.
Back In Motion will generally provide individuals with the option of not identifying themselves when entering into transactions when it is lawful and practicable to do so.
Cross Border Disclosure of Personal and Health Information
If Back In Motion transfers your personal and/or health information outside of Australia, Back In Motion comply with the Privacy Act and take such steps as reasonable to ensure that the overseas recipient does not breach the requirements that relate to cross-border disclosure of personal information.
Access and Correction of your Personal and Health Information
Please contact Back In Motion if you would like to access or correct the personal and/or health information that we hold about you. Back In Motion will generally provide you with access to your personal and/or health information (although a fee may be imposed) and will take reasonable steps to amend any personal and/or health information that is incorrect.
In some circumstances, Back In Motion may not permit access to your personal and/or health information, or may refuse to correct your information, in which case we will provide you with reasons for this decision.
Please contact Back In Motion if you have any queries about the personal information that Back In Motion holds about you or the way that we handle that personal information.
Back In Motion National Support Office
Attention: People and Franchise Systems
Address: Level 1, 327-333 Police Road Mulgrave VIC 3170
Phone: 1300 859 581
Fax: 1300 859 582
Please contact Back In Motion on the details above if you have any concerns or complaints about the manner in which your personal information has been collected or handled by Back In Motion.