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Janine McCarthy – Ortho-Bionomy Melbourne

Privacy Policy 

  1. Overview
      1. Ortho-Bionomy Melbourne (ABN 36 288 715 032) (we, our, and/or us) operates a business providing Ortho-Bionomy and other similar or related services (Services), and digital self-study materials (Products). Our website is located at www.janinemccarthy.com.au (Website).   
      2. We are committed to protecting the privacy of individuals (you, your, and/or yourself) we interact with in connection with the provision of our Services and Products and through the Website. 
      3. We will handle Personal Information that we collect or obtain in connection with the provision of our Services and Products in accordance with this Privacy Policy Policy (Policy) and the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles which are set out in the Privacy Act (Australian Privacy Principles). Personal Information has the meaning as defined in the Privacy Act (Personal Information). 
      4. This Policy also contains information about how you may access and seek correction of your personal information held by us, and how to contact us in relation to any privacy-related concerns.
      5. This Policy also provides you with notice of the collection of your Personal Information by us.  
      6. By using our Services or otherwise supplying us your Personal Information, you consent to our collection, use, disclosure, storage, destruction and otherwise handling of Personal Information, in accordance with the terms of this Policy and the Australian Privacy Principles. 
      7. If you provide a pseudonym to us or wish to remain anonymous, you can browse and view the Website without restrictions, however we may not be able to provide you with the full extent of our Services and our interactions with you may be limited.  We may require that you accurately identify yourself so that we can take reasonable steps to provide accurate information as part of providing our Services.
      8. If we change this Policy, we will display the updated Policy on the Website and we may also advise you in writing. If you object to any changes, you may contact us and we will attempt to resolve your complaint within a reasonable time. 
  2. How do we collect your personal information? 
      1. We only collect personal information that is reasonably necessary to provide our Services and Products, and to operate the Website. 
      2. We may collect your personal information in the following circumstances (this is not an exhaustive list): 
        1. where you complete a form or registration process in relation to our Website;
        2. where you complete a form or registration process in relation to our Services and/or Products;
        3. where you have inquired about our Services and/or Products, or otherwise communicated with us in person, over email or phone, or otherwise; 
        4. where you make a booking for our Services;
        5. where you pay for our Services;
        6. where you attend an appointment for our Services;
        7. where you purchase our Products;
        8. where you are interacting with the Website through the use of browser cookies or trackers; and
        9. in other such situations where reasonably required from time to time for the operation of our Website and to provide the Services and Products.
  3. What personal information do we collect?
      1. The kinds of personal information we may collect from you will depend on the nature of your interaction with us. 
      2. We collect, use and store the following types of Personal Information:
        1. Names;
        2. Addresses and email addresses;
        3. Phone numbers;
        4. Gender;
        5. Job information;
        6. Date of birth;
        7. Next of kin;
        8. Emergency contact information; 
        9. Geographical information;
        10. IP address;
        11. Billing information; 
        12. Medical history;
        13. Treatment notes; and
        14. Other Personal Information that you may voluntarily provide to us to assist us to provide our Services.
      3. If you wish to receive our Services, some of the personal information we collect form you may be sensitive information as defined in the Privacy Act. We may need to collect sensitive information from you if you are a patient in order for us to provide our Services to you.  Sensitive information may include things like your ethnicity, health or genetic information, medical records, health history and test results.  We will only collect sensitive information with your consent and through secure methods.
  4. What do we do with your personal information?
      1. We will not sell or trade your personal information to any third party, organisation or individual without your consent, other than if we are required to do so by law.
      2. We may use and disclose your personal information for the following purposes subject to clause 4(c) – clause 4(e):   
        1. to provide you with further information about our Services, Products and Website;
        2. to provide our Services and Products to you;
        3. to document what happens during consultations so as to enable us to provide relevant and informed Services to you; 
        4. to personalise your experience of our Services and Products, and the Website;
        5. to respond to feedback and complaints;
        6. for enforcement of any contracts you are a party to on our Website;
        7. for direct marketing purposes with your consent (see section 7 below);
        8. to notify you of important changes to our Website or content on the Website that may be of interest to you;  
        9. to understand customer trends and patterns so we can continue to develop our marketing and advertising strategies; and
        10. for any other purpose for which you give your consent.
      3. Where we collect any sensitive information about you, we use the sensitive information to help us provide our Services to you for example, to help diagnose health problems or to refer to specialist or complimentary health providers. Otherwise, we do not use the sensitive information. 
      4. We may also disclose your Personal Information: 
        1. to third parties also involved in your health care, including other health practitioners and service providers;
        2. to third parties who we refer to you for specialist treatments;
        3. to third party payment processors for processing payments; and
        4. to any duly authorised law enforcement officer or any other person authorised by any law, or in circumstances permitted by the Privacy Act.
      5. We will not disclose sensitive information to any third party unless we have your consent or are otherwise permitted or required by law to do so.
      6. We hold your Personal Information by storing it electronically, by exporting it onto a computer or in hard copy.  
  5. Confidentiality
      1. We are registered with Ortho-Bionomy Australia Ltd (OBA) and it is a requirement that all Ortho-Bionomy practitioners follows strict guidelines for professional conduct in line with OBA and its Code of Ethics. 
      2. All personal information gathered by us during the provision of our Services will remain confidential, except in the following circumstances:
        1. when subpoenaed by a court; 
        2. where failure to disclose the information would, in the reasonable belief of Ortho-Bionomy Melbourne, place you or another person at serious risk to life, health or safety; 
        3. where your prior approval has been obtained to:
        4. provide a written report to another professional or agency;
        5. discuss the material with another person; or
        6. disclose the information in any other way;
        7. where you would reasonably expect your personal information to be disclosed to another professional or agency (for example, your General Practitioner) and disclosure of your personal information to that third party is for a purpose which is directly related to the primary purpose for which your personal information was collected; or
        8. where disclosure is otherwise required or authorised by law.
  6. Do we send your personal information to parties outside Australia? 
      1. From time-to-time, we use third-party service providers for digital cloud storage, web hosting or other technology-related services in connection with the operation of our Website. We may disclose your personal information to these third party service providers who may operate outside of Australia, or operate in Australia with digital servers located outside of Australia.  
      2. As some of our third-party service providers operate globally, we cannot say with certainty where their servers are located or the countries out of which they operate at any given time. Further, these locations may be subject to change without notice to us. 
      3. The Privacy Act requires us to ensure that, before disclosing Personal Information overseas, reasonable steps are taken to ensure that overseas recipients do not breach the Act or the applicable Australian Privacy Principles. However, it is not always possible for us to ensure that multinational companies, such as technology businesses, will not breach the Privacy Act or the applicable Australian Privacy Principles.
  7. Are we responsible for third parties’ websites and social media links? 

This Policy applies solely to personal information collected in connection with our Website. We are not responsible for the collection of information and/or the privacy practices of any third parties whose websites may be linked on our Website, our social media accounts (e.g. Facebook, Twitter, YouTube) or in our e-mail communications to you. We refer you to the privacy policies for the relevant third parties.

  1. Will we send direct marketing communications to you? 
      1. Your personal information may be used by us to offer you new products and Website, notify you of new developments and updates to our Website, or to make other promotional communications to you related to our Website. 
      2. If you do not wish to receive direct marketing communications from us, you may opt-out any time by clicking the link for opting-out in our e-mail communications sent to you, or by contacting us (see section 12).  
      3. We will never use any sensitive information for direct marketing purposes.
  2. Do we collection personal information through cookies and analytics tools?
      1. We may use cookies technology to store data on your computer using the functionality of your browser.  Many websites do this because cookies allow the website publisher to do useful things like find out whether the computer has visited the site before.  The information stored in the cookie is used to identify you. This enables us to operate an efficient service and to track the patterns of behaviour of visitors to the Website.
      2. In the course of serving advertisements to the Website (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser.  The use of cookies by such third party advertisers or ad servers is not subject to this Policy, but is subject to their own respective privacy policies. 
      3. We do not merge any personal information we have collected from you with data obtained through cookie technology. 
      4. You are able to opt out of cookie technology through changing the settings on your browser, but this may affect the way you experience our Website.
      5. In the event that any third party advertisements are placed on the Website, third party advertisers or ad servers may place or recognise a unique cookie on your browser. We are not responsible for the use of cookies by any third party advertisers or ad servers, and we refer you to their respective privacy policies. 
  3. How do we keep personal information secure? 
      1. We will use all reasonable means to protect the confidentiality of your personal information while in our possession or control.
      2. We take the responsibility of protecting your personal information from misuse, interference, loss, unauthorised access, modification and disclosure very seriously.
      3. You should be aware that there are inherent risks associated with the transmission of information via the internet, and our data security measures can never be guaranteed. This means that while we take steps to protect your personal information, we cannot guarantee its security. 
      4. If you suspect any misuse, loss or unauthorised access, modification or disclosure of your personal information provided to us, please contact us immediately.
  4. Will we transfer your personal information? 

If we are involved in a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation, we may transfer, sell or assign your personal information collected by us to one or more relevant third parties in our sole discretion.

  1. What if I have questions or complaints about this Policy?                 
      1. If you:
        1. have any questions about this Policy;
        2. wish to request access to any personal information that we hold;
        3. wish to correct or update your personal information that we hold; or
        4. wish to make a complaint or discuss any other privacy concerns you may have,
        1. please contact us via email at janine@janinemccarthy.com.au.
      1. We reserve the right to charge for reasonable expenses that we may incur in preparing and sending you a copy of your personal information which you have requested. 
      2. If you have a complaint or a privacy-related concern in relation to this Policy, please provide us with the opportunity to resolve the matter by contacting us using the methods outlined above. Once we have received a complaint or privacy-related concern, we will try to work with you to resolve the matter.  
      3. For further information on privacy, you may wish to visit the website of the Office of the Australian Information Commissioner (OAIC): www.oaic.gov.au.

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