Patient Privacy Policy and Consent

1.     About this Privacy Policy

1.1    Welcome to Collaborate. The Collaborate mobile application (the ‘App’) is owned and operated by Collaborate Clinic App (ABN 23 639 714 287) (‘Collaborate’).

1.2    Collaborate operates the App as a processor of information acting on the instructions of practitioners. As a processor of information, Collaborate collects, processes and stores information that is obtained through forms on the App provided by practitioners. We are obliged to maintain strict confidentiality when processing your Personal Information.

1.3    This Privacy Policy describes how we collect, process and store your personal information (‘Personal Information’) when you use our App.

1.4    We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and the EU General Data Protection Regulation (‘GDPR’).

1.5    Any reference to “Collaborate”, “we”, “our”, or “us” means Collaborate Clinic App (ABN 23 639 714 287). Any reference to “you, or “your” means you as a patient (‘Patient’) and user of our App.

1.6    By using the App, Patient instructs Collaborate to process Patient’s Personal Information only in accordance with applicable law to provide our Services and Patient consents to the collection, storage and processing of Patient’s Personal Information on the App as described in this Privacy Policy.

2.    Patients

2.1    You have the legal and ethical right to make informed decisions about your health and to give informed consent as to the collection, use and disclosure of your Personal Information.

2.2    To provide informed consent, a practitioner must provide you with sufficient information about your own healthcare so that you can make appropriate decisions.

2.3    The information required from you by a practitioner on a form provided in this App and how it will be used is context dependent and will depend on the information and disclosure of the practitioner provided in that form.

2.4    A practitioner’s form may include details of how a practice manages Personal Information, how it is used and collected within a practice and the scope of practitioner’s use of Personal Information and the sharing of that Personal Information (if any).

2.5    Your practitioner should also be cognisant of whether you can give an informed consent as to the use of your Personal Information.

2.6    You have the right to review this Privacy Policy before consenting to it and can decline to enter your Personal Information on this App or to share your Personal Information or to have it used in all or some of the ways set out on the form provided by your Practitioner.

2.7    If you do not wish to share your Personal Information on the form provided on this App or decline to provide certain health information or if you have any questions or concerns, please refer to your practitioner.

2.8    You may choose to remain anonymous, for example, by using a pseudonym, when using our App or filling in a practitioner’s form. It may not be possible for your practitioner to rely on Personal Information that is submitted anonymously.  If you wish to remain anonymous, please refer to your practitioner.

2.9    The Personal Information that you share on this App will be processed in accordance with our Privacy Policy.

2.10    By providing us with your Personal Information, you warrant that you are over 18 years of age otherwise you must obtain the consent of your parent or guardian to use this App.

3.    About the Collaborate App and Services

3.1    The App is an easy to use subscription tool for practitioners to create custom questionnaire forms and collect data from patients using digital devices. Collaborate stores the forms complete with the data entry on the cloud as retrievable electronic health records that the practitioner can email or print. The App is used by practitioners to help reduce the waiting times of patients and to assist practitioners in collecting patient information efficiently and securely.

(collectively our ‘Services’)

3.2    Before using our Services, you will be required to accept this Privacy Policy by clicking the “accept” button in the user interface as a condition of submitting your Personal Information as a patient of a Practitioner (‘Patient’). By clicking the “accept” button, the App gives notice to you as a Patient through our user interface as follows:

By clicking “accept”, you agree that you've read and accepted our Privacy Policy and that you are 18 years of age or over or otherwise you are a parent or guardian providing your consent of behalf of a minor. You explicitly consent to us collecting, storing and processing the Personal Information that you enter into the form on this App.

4.    What Personal Information is collected

4.1    “Personal Information” is information or an opinion that can reasonably identify an individual.

4.2    We collect, store and process the Personal Information your practitioner requests on a form as a processor of Personal Information as instructed by a practitioner.

4.3    Your practitioner may ask you to provide Personal Information such as your name, your date of birth, address, email address, contact details, health fund details, Medicare number and other healthcare identifiers. Medical information may include your medical history and any care that you may need.  

4.4    Your practitioner may also ask you to submit sensitive Personal Information on the form provided in this App. This may include details of your medical history, any medications you take, any allergies that you may have, immunisations, social history, family history and any other medical risk factors that your practitioner may consider important to your treatment.

4.5    We may collect additional data from you at other times, including but not limited to, when you provide feedback, change your content or email preference, or communicate with our customer support.

4.6    Collaborate may also collect any other Personal Information you provide while interacting with us through the supply of our Services.

5.      How we collect your Personal Information

5.1    Collaborate collects Personal Information from you in a variety of ways, including when you interact with us electronically or in person, when you access our App and when we provide our Services to you.

5.2    We collect your Personal Information when you fill in a form with questions and other data that has been prepared by your practitioner for you to complete.

5.3    We may also receive Personal Information from third parties in connection with the supply of our Services. If we do, we will protect your Personal Information in accordance with this Privacy Policy.

6.      How your Personal Information is used

6.1    The Personal information that you submit on this App is uploaded to our secure servers and is accessible by your practitioner.

6.2    Collaborate uses your Personal Information and you consent to us using your Personal Information to:

         (a)  supply you with our App and our Services including to inform your practitioner of the information you submit in a form prepared by    your practitioner;

         (b)  provide you with information and updates about our App and our Services;

         (c)  communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS or mail;

         (d)  manage, research and develop our App and Services including through data analytics;

         (e)  administer our business activities; and

         (f)  investigate any complaints.

6.3    If you choose to withhold your Personal Information or remain anonymous, it may not be possible for us to provide you with our Services or for you to access certain parts of our App and for us to respond to your query.

6.4    You agree that any medical or health related inquiries sent to Collaborate will be immediately forwarded to your practitioner.

7.      Keeping your Personal Information and Medical Records up to date
7.1    It is very important that the information your practitioner holds about you is accurate and up to date.

7.2    If there are any changes to your Personal Information (such as a change of address) or your medical conditions change, please let your practitioner know in writing as soon as possible.

7.3    Your practitioner will also from time to time contact you to ask you to verify that your Personal Information is still accurate and up to date.

7.4    Please contact your practitioner to update and correct your Personal Information by contacting your practitioner at the address and contact details in the form supplied by your practitioner.

8.    Legal basis in the European Union (EU) for the collection and processing of your Personal Data

8.1    “Personal Data” refers to any information relating to an identifiable natural person who can be identified directly or indirectly (‘Data Subject’).

8.2    The GDPR applies to the data processing activities of businesses with an establishment in the EU or where the processing activities relate to offering goods or services to individuals in the EU or monitoring the behavior of individuals in the EU.

8.3    If you are an individual residing in the EU, we collect, store and process Personal Data about you in accordance with the GDPR.

8.4    A “Controller” says how and why personal data is processed and a “Processor” acts on behalf of the Controller by processing the data.

8.5    When you use our App or Services, we process Personal Data on your behalf with your explicit consent as a “Processor” acting on the instructions of your practitioner as a “Controller” who provides you with a form on our App to complete.

8.6    “Processing” means any operation or set of operations that is performed upon Personal Data or sets of Personal Data whether automated or not including for collection, recording, organisation, structuring, storage, adaption, or alteration, retrieval, consultation, use, disclosure by transmission or for dissemination.

8.7    The form supplied by your practitioner may request that you provide the information set out in clauses 4.4 and 4.5 of this Privacy Policy and may also ask that you provide a special category of Personal Data including data relating to your racial or ethnic origin, genetic data, biometric data and data concerning health or data concerning a natural person’s sex life or sexual orientation (‘Sensitive Personal Data’).

8.8    Collaborate will only collect and use your Personal Data including any Sensitive Personal Data when you give us your express consent to use and process Personal Data for a specific purpose or to comply with a legal obligation. You explicitly agree that any information or Sensitive Personal Data you submit through the App is processed in accordance with this Privacy Policy and is accessible to your practitioner.

8.9    Collaborate is obliged to maintain strict confidentiality when processing your Personal Data.

9.      The Personal Information rights of individuals under the GDPR

9.1    If you are an individual residing in the EU, you have certain rights as to how your Personal Information is being used.

9.2    We comply with your rights under the GDPR (subject to the grounds set out in the GDPR) that permit you:

         (a)  to be informed as to how your Personal Information is being used;

         (b)  to access your Personal Information and to know specifically what information is held about you and how it is processed, where and for what purpose (we will provide you a copy of your Personal Information in electronic format free of charge if requested);

         (c)  to rectify your Personal Information if it is inaccurate or incomplete;

         (d)  to erase your Personal Information (also known as 'the right to be forgotten') if you wish to delete or remove your Personal Information;

         (e)  to restrict processing of your Personal Information;

         (f)  to retain and reuse your Personal Information for your own purposes (Personal Information portability);

         (g)  to object to your Personal Information being used; and

         (h)  to object against automated decision making and profiling.

9.3    You can contact us any time to exercise your rights under the GDPR including as to:

         (a)  request access to Personal Information that we hold about you;

         (b)  to correct any Personal Information that we hold about you;

         (c)  delete Personal Information that we hold about you; or

         (d)  opt out of emails, marketing, and any other push notifications that you receive from us.

9.4    We may ask you to verify your identity before acting on any of your requests.

    If you have any questions about Collaborate’s collection and storage of data, please Contact us via the support page on our website located at <> or using the contact details provided below.

10.     Disclosure of your Personal Information and Third Parties with access to it

10.1   We will only share your Personal Information with your practitioner for the purposes described in this Privacy Policy.

10.2   When you fill in forms on the App, your Personal Information is made available to your practitioner and may be shared in accordance with the disclosure set out in your practitioner’s form.

10.3   We may disclose your Personal Information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Privacy Policy. Personal Information is only supplied to a third party when it is required for the delivery of our App.

10.4   When we disclose your data to third parties we do so on the basis that your data is treated with confidence, and only used for the limited purpose of providing support for our App and Services, and in a manner consistent with this Privacy Policy.

10.5   We may from time to time need to disclose Personal Information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

10.6   If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our subscriber databases, together with any Personal Information and non-Personal Information contained in those databases.
11.     International Data Transfers

11.1   We may store, process and transfer your data, including your Personal Information in countries other than the country you live in. Data transfer may occur in and between countries outside of Australia which may include but are not limited to the United States and Europe.

11.2   We only employ third-party data processors that are compliant with the GDPR requirements and that have sufficient security measures in place to protect and safeguard your data.

11.3   You may not have the same rights to protect your data in these countries as you do in Australia. Where your data has been transferred to a country abroad, it will be treated in accordance with the purposes described in this Privacy Policy.

11.4   If your personal data is transferred from the EEA to a country or international organisation with inadequate data protection laws under the GDPR, we will ensure that we have approved transfer mechanisms in place to protect your Personal Information adequately (for example, by entering the European Commission’s Standard Contractual Clauses for data protection for data that is transferred internationally or ensuring the entity is Privacy Shield certified for data transfer to third parties based in the United States).

12.    Security of your Personal Information

12.1  We are committed to ensuring that the data you provide to us is secure.

12.2  To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, such as encryption of Personal Information, to safeguard and secure data and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

13.    Access to and how you can control your Personal Information

13.1  You may request details of Personal Information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth).

13.2  If you would like a copy of your data or believe that your data is inaccurate, out of date, incomplete, irrelevant, please contact your practitioner.

14.   Third-party tools and cookies

14.1  We use technologies and third-party services that use Google Analytics, pixels, tags and web beacons (code snippets) on our App to improve user experience, the supply of our Services and to analyse how our App is used.

14.2  The information collected is mostly anonymous traffic data aside from the approximate location (IP address) and may include browser type, device information, and language. The information collection is in aggregate form so that it cannot identify any individual user and provides an overview of how people use our App. It is not used for any additional purpose.

14.3  We may use cookies on our App. Cookies are very small files which an App uses to identify you when you come back to the App and to store details about your use of the App. In addition, cookies may be used to serve relevant ads to App visitors through third party services such as Google AdWords.

15.    Links

15.1  Our App may from time to time have links to other sites not owned or controlled by us. Links to third party sites do not constitute sponsorship or endorsement or approval of these sites. Collaborate is not responsible for the privacy practices of other such sites.

16.    Complaints about privacy

16.1  If you have any complaints about our privacy practices, please contact us. We take privacy seriously and will respond promptly to your notice.
17.   Changes to this Privacy Policy

17.1  We may modify this Privacy Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our App or website.

18.  Our contact details

18.1 You can contact us:

        (a)  using the support section provide on our website located at <>;
        (b)  by telephone, on the contact number published on the Collaborate App or website; or
        (c)  by email, using the email address published on the Collaborate App or website (from time to time).

© 2018 Collaborate Medical App Pty Ltd. ALL RIGHTS RESERVED.

Privacy Policy last updated 25 June 2018.