Privacy & Consent

LABRADOR medical centre

07 5552 1888
32 CENTRAL ST
LABRADOR QLD 4215

TANDEM HEALTH LABRADOR MEDICAL CENTRE PRIVACY POLICY

As at: February 2023

Privacy Policy

Tandem takes your privacy seriously and is committed to protecting your privacy. Tandem is bound by the Privacy Act and the APPs. This Privacy Policy describes how we treat your Personal Information.

Tandem operates a serviced office arrangement and provides services and facilitates to assist the independent doctors to carry out its medical practice.

By contacting Tandem, scheduling an appointment for, and/or having a consultation with, a doctor (whether the consult is completed by you or not), you consent to us collecting, holding, using and disclosing your Personal Information in accordance with this Privacy Policy.

This Privacy Policy may be amended from time to time. You will be notified of important changes and provided with a prominent link to those changes for a reasonable length of time following the changes. You consent to any amendments to this Privacy Policy by continuing to contact us, schedule an appointment for, or having a consultation with a doctor. Please ensure you regularly check the Tandem's website for updates of this Privacy Policy.

If you have any questions about our use of your Personal Information or have any concerns about this Privacy Policy, please contact:

Name: Practice Manager, Labrador Medical Centre
Address: Po Box 500 Labrador QLD 4215
Tel: 07 5552 1888

Personal Information collection and usage

This Privacy Policy relates to all information supplied by you to Tandem or to independent doctors who engage Tandem including:

Contact information: your name, position, role, company or organisation, telephone number email, postal address emergency contact details;
Communications: information provided in communications us including when you book (or enquire about booking) an appointment with a doctor;
Information from public sources: for example, from LinkedIn and similar professional networks, directories or internet publications;
Financial information: we may obtain your bank account details (or third party payer details) for example when taking payment for an appointment with a doctor (whether that appointment has occurred or not and including a deposit, or late or cancellation fees);
Medical information: we may collect information about your health and medical history for the purpose of your consultation and to process payment and rebates, for example through HICAPS and Medicare;
Social media: interactions with our social media presence including posts, likes, tweets;
echnical information: when you access our website and technology services;
Online data: when you access our website, app and technology services, information about your visit including URL clickstream to, through and from our website (including date and time), information about your network as such as information about devices, nodes, configurations, connection speeds and network application performance; pages viewed or searched for, page response times, download errors, length of visits and interaction information (such as scrolling, clicks, mouse-overs) and other similar information and whether you click on particular links or open emails from us;
Medicare number: your Medicare number (in certain circumstances where it is necessary for us to liaise with Services Australia); and
Individual Healthcare Identifier (IHI): your IHI number (in certain circumstances for the purposes of communicating and managing health information including through the My Health Record in accordance with the Healthcare Identifiers Act 2010 (Cth)).

Personal Information may be received directly from you or third parties who assist us with our legal obligations. This information may be exchanged over the phone, by email, SMS, in person, via the online booking page accessible through our website or in any other form of written communication. Personal Information may also be obtained about you from a healthcare professional such as a specialist doctor.

If you send us an email containing Personal Information, we will use all reasonable endeavours to ensure the confidentiality of that information. Our internet host may monitor emails sent to us for maintenance, service provision, and fault detection purposes. We may also monitor emails to ensure compliance with our legal obligations. We may forward emails to third parties where the email contains feedback or complaints, or to assist us to respond to feedback and complaints and to otherwise assist with the management of our business. Email is not a secure method of communication and for that reason, Tandem does not encourage communication via email. If you are concerned about sending your Personal Information us by email, you should consider contacting us in person, by alternative written means or by telephone.

Personal Information is not collected about your online activities across third party websites or online services.

The information you provide to us will not be made available to other doctors, staff of Tandem or interested parties either: (a) without firstly obtaining your written consent (unless required or permitted by law); or (b) in accordance with this Privacy Policy.

If you do not wish to provide your Personal Information, then you do not have to do so, however it may affect your ability to book a consultation with an independent doctor whether via the website or otherwise.

Under the Privacy Act, you have the option of not identifying yourself or using a pseudonym unless identification is required or authorised by or under law or it would be impracticable to deal with individuals who have not identified themselves. If you do not wish to identify yourself and provide your Personal Information, then you do not have to do so, however it may affect our ability to assist you to book a consultation with an independent doctor.

How your Personal Information is used

We use your Personal Information for the following purposes:

to enable the doctor who uses our services and facilities to provide medical services to you;
to communicate with you including for example sending appointment reminders and confirmations, or sending you your invoice or bill;
receiving or responding to feedback, enquiries or concerns you may have;
compliance with law, including circumstances where disclosure is required without your consent for example where a serious threat to life, health or safety exists. We may obtain further information from you to comply with the law if required;
protecting our information and technology platforms from hacks, or identifying and addressing malware and other security threats; and
for quality assurance and improvement of processes purposes for example risk management

Online bookings can be made via services we make available on our website. We will access and use the Personal Information you provide to those services in accordance with this Privacy Policy. Please refer to the collection statement and privacy policy for details on how third parties that we engage collect, use and otherwise deal with your Personal Information. For example, HotDoc has information about its privacy practices here: https://practices.hotdoc.com.au/privacy-policy/ and https://practices.hotdoc.com.au/terms-of-services-patients/.

We will not use your Personal Information for the purpose of direct marketing unless you consent and it's permitted by law. You have the ability at all times to 'opt out' of receiving any direct marketing communications from us.

Why your Personal Information is used

Your Personal Information may be collected, held, used or disclosed for a number of reasons including:

with your consent for example you share details for particular purposes including relating to scheduling an appointment with a doctor;
to contact you (including on behalf of the independent doctor), for example, sending your appointment reminders, to respond to your queries, or to tell you something important;
to comply with legal, regulatory and licencing requirements; and
where processing is necessary for our legitimate business interests or those of a third party, provided this does not override any interests or rights that you have as an individual.

Our legitimate interests include understanding and responding to feedback and enquiries, and providing the appropriate facilities and services to enable the independent doctors to service their patients.

Why Sensitive Information may be used

Sensitive Information is only used if:

it is not otherwise permitted under this Privacy Policy, but you have provided express and informed consent for the particular processing;
it is necessary to protect your vital interests or those of another person for example, in medical emergencies;
you have manifestly made the data public for example, where you have published it on social media;
it is necessary to deal with legal claims for example, involving court proceedings;
it is necessary for substantial public interest for example, to prevent or detect unlawful acts; or
it is permitted by applicable law.

Who your Personal Information is shared with

There are instances where we will disclose your Personal Information including where it is permitted or required by law, or as follows:

To doctors: that have engaged Tandem to assist the independent doctor to provide you with medical services, manage its files, records, and bookings, process payments and otherwise conduct its business;
Shared service centres: that we or third parties operate including for IT services, marketing, risk management and office support services;
Financial institutions: for payment processing;
Law enforcement bodies and our regulators: or authorities in accordance with law or good practice for example by order of a court or otherwise required by law including mandatory notification of certain diseases;
Healthcare professionals: including hospitals, diagnostic services, pharmacies and specialists for example in connection with your referrals and scripts;
Family or representative: any person, family member, representatives or other organisations that you have consented or where we are required, permitted, authorised or otherwise directed to by law;
Appropriate parties in the event of emergencies: in particular to protect health and safety of you and others including where it is required to prevent serious risk to the health, safety or life of you or another;
You consent: in instances where you consent for example to provide a report to another medical professional, lawyer, insurer or advisor, to discuss with another person connected with your treatment (including a spouse, parent or employer);
Third parties: in the context of the acquisition or transfer of any part of our business or in connection with the business reorganisation;
Independent contractors: including mailing and courier services, printers and distributors of direct marketing material and external advisors such as auditors, lawyers and debt collectors; and
Government related third parties: including Services Australia and the Department of Veteran's Affairs in connection with the payment and claim processing on behalf of the independent doctor;

We may also provide anonymised/deidentified data to relevant government agencies, or entities established by government agencies, such as the Gold Coast Primary Health Network to assist with their functions including tracking population health and improving primary health services within the community. You can request in writing that your deidentified data be removed from the data extraction process.

How your Personal Information is stored

We may keep your Personal Information in physical and electronic form (or a combination) in accordance with the Privacy Act (subject to legal obligations). We will store and process your information securely using good practice physical, technical and administrative security measures.

Where your Personal Information is also kept by an independent doctor, how your information is dealt with is provided for under the doctor's privacy policy. We encourage you to read their privacy policy.

Exchanging information, including Personal Information, by the internet is not completely secure. Although we will take reasonable measures to protect your Personal Information, we cannot guarantee the security of information you transmit, so any transmission is at your own risk.

How long your Personal Information is stored for

We retain the date we collect for different periods of time depending on what it is and how we use it. We generally keep you information for as long as needed to provide our services to the doctors, or as requested by the doctor, comply with legal, accounting or regulatory requirements or to deal with claims. We have a legal requirement to store your information for at least seven years from the time you had last contact with a doctor, or if you are a minor, until you turn 25 years of age.

Once your Personal Information is no longer needed (for example you no longer see a doctor at our premises), it will be destroyed (either by shredding physical documents or deleting electronic information from all servers, subject to any back-up records).

How you can correct your Personal Information

If you believe that any Personal Information that we hold is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us in writing. It is your responsibility to advise of any changes to your Personal Information (for example change of residential address, email address or phone number). We will respond within a reasonable time (but being no more than 30 days after your request) and will endeavour to correct any Personal Information. You may request that you be provided with your Personal Information or it be deleted. Any written request by you cannot be unreasonably withheld. However, in some limited circumstances the requested corrections to Personal Information may be refused, in which case you will be provided with written reasons for this decision.

Access to your Personal Information

All individuals have a right to request access to their Personal Information. Please contact us if you would like to access your Personal Information. We will generally provide you with access to your Personal Information within a reasonable period (but being no more than 30 days after your request). Depending on the amount of information requested, we may charge an administration fee to cover the cost of retrieving the information and supplying it to you.

Access to Personal Information may be refused in a number of circumstances, such as where the information relates to anticipated legal proceedings or the request for access is frivolous or vexatious. If we deny or restrict your access, you will be provided with a written explanation.

If you have any concerns about the way your Personal Information is stored, disclosed or otherwise managed, or believe that a breach of your privacy has occurred, please contact us in writing. We will respond to your concerns as soon as reasonably practicable (and no more than 30 days after your request). If you are for whatever reason not satisfied with the response or resolution of your concerns or complaint, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or by visiting www.oaic.gov.au.

Use of Commonwealth government identifiers

We will not use Commonwealth government identifiers (Identifiers) (for example, Medicare numbers) as an identifier of individuals. Identifiers will only be used or disclosed in the circumstances permitted by the Privacy Act.

Where your information will be held

Your data may be stored in different parts of the world, and your information may be transferred out of Australia. Data protection laws vary by country. In the event that data is stored in another country, all reasonable steps will be taken to protect your information in line with locally applicable data protection requirements.

Links to third party websites

Our website, email updates and other communications may, from time to time, contain links to and from the websites of others. The Personal Information that you provide through these websites is not subject to this Privacy Policy and the treatment of your Personal Information by such websites is not our responsibility.

If you follow a link to any other websites, please note that these websites have their own privacy notices which will set out how your information is collected and processed when visiting those sites.

Definitions

In this Privacy Policy, the following terms have the meaning given to them below unless the context requires otherwise:

(a) APPs: means the Australian Privacy Principles;

(b) Privacy Policy: means this privacy policy as amended from time to time made available on Tandem's website and available in physical copy upon request;

(c) Personal Information: has the meaning given to it in the Privacy Act, which includes information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not or in a material form or not;

(d) Privacy Act: means the Privacy Act 1988 (Cth) as amended from time to time;

(e) Sensitive Information: has the meaning given to it in the Privacy Act, which includes information or an opinion about an individual's racial or ethnic origin, political opinions, religious beliefs, sexual orientation or criminal record;

(f) Tandem: LMC QLD Pty Ltd T/A Tandem Health Labrador Medical Centre, ACN 673753190; and

(g) You/Your: means the individual who we collect the Personal Information from and about.

INDEPENDENT DOCTOR PRIVACY POLICIES

Dr Carl Rubis Privacy Policy

Dr Stephen Shepherd Privacy Policy

Dr William Wakefield Privacy Policy

Dr Judith Kelly Privacy Policy

Dr Natalie Mulcahy Privacy Policy

Dr Genevieve Aisthorpe Privacy Policy

Dr Manjinder Singh Privacy Policy

Dr Amrit Grewal Privacy Policy

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SMS Communications
The Practice may contact patients using contact details provided by patients, as the Practice and the doctor considers appropriate. To the extent mobile telephone numbers (that patients provide to the Practice and or doctor) are shared by more than one patient/person/family member, it is important to understand all SMS and telephone communications will be directed to the mobile telephone number provided by the patient to the Practice/doctor. Patients remain responsible for updating mobile telephone numbers if/when mobile telephone contact details change. SMS communication preferences and options apply to any current and future mobile telephone numbers patients supply to the Practice/doctor, unless patients verbally update SMS preferences via reception or via SMS opt out options contained in the Practice’s SMS communications. SMS communication preferences can be updated at any time.
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TERMS AND CONDITIONS

DEFINITIONS

In these Terms, the following terms have the meaning given to them below unless the context requires otherwise:

Claim means any action, cause of action, liability, debts, claim, loss, damage, proceeding and expense.

Consultation/s means a consultation offered and/or provided to you by a Doctor relating to medical and health care services.

Consumer Law: any laws in any jurisdiction relating to protection of consumers, including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Doctor/s means independent health care practitioners that may be general practitioner doctors, specialist physicians, or allied health practitioners that operate from our premises.

Intellectual Property means trade marks, patents, copyrighted materials, technologies, products, processes or other proprietary rights including without limitation the trade marks "TANDEM HEALTH LABRADOR MEDICAL CENTRE" and "TANDEMHEALTH" (logo).

Loss means any direct, consequential or indirect loss, liability, damage, cost or expense of a property, personal or other nature arising and whether present or future, known or unknown, actual or contingent, including loss or corruption of data, loss of profits, goodwill, loss of anticipated savings, and all legal and other professional expenses on a solicitor/client basis incurred including in relation to investigating, disputing, defending or settling any Claim (including any Claim based on these Terms).

Personal Information has the meaning given to it in the Privacy Act, which includes information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not or in a material form or not.

Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.

Terms means these terms and conditions titled 'Terms and Conditions’ as amended from time to time.

Tandem, we, us or our means LMC QLD Pty Ltd ACN 673753190, ABN 56 673 753 190 trading as Tandem Health Labrador Medical Centre

Website means www.tandemhealth.com.au.

You means you or, both you and the person on whose behalf you are acting.

APPLICATION OF TERMS

This website is owned and operated by Tandem.

These Terms apply to your use of our Website and in respect of Consultations you receive from Doctors.

By accessing, visiting and/or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorised to access and use our Website and you must immediately stop doing so.

We reserve the right to remove, vary or amend any of the content on our Website at any time without notice to you however we will take all reasonable steps to notify you of important changes. We will not be liable for any reason if our Website is unavailable for any period. If you are unable to access our Website and need medical assistance please contact us by phone or in the case of an emergency call '000'.

We may amend these Terms from time to time and these changes will be deemed to immediately form part of these Terms. You are responsible for informing yourself of all changes to these Terms and should familiarise yourself with the changes. By continuing to use our Website, you will be taken to have consented to the amended Terms. We encourage you to read our Terms and check back often.

ABILITY TO ACCEPT TERMS

You affirm you are either over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

COLLECTION

We may collect Personal Information from you when you access or use our Website including making an online booking for a Consultation. Our Privacy Policy explains how we treat your Personal Information. You can view our Privacy Policy on our Website.

SERVICES

We provide Doctors with services and facilities to assist each Doctor to carry out their own medical practice. The services that the Doctors provide are set out on our Website and on the Doctors' individual websites.

We do not provide medical services or the Consultations.

BOOKINGS AND CANCELLATION

Consultations can be booked online via services we make available on our Website.

If your Consultation is cancelled by us, no cancellation fee will be payable and you may have the option of rescheduling or receiving a refund in full with no deductions or fees applicable.

You should not make a booking for a Consultation if:

a) you are experiencing a medical emergency;

b) you require immediate or urgent attention;

c) you are suffering dangerous symptoms such as arm weakness, difficulty with speech, facial drooping, sudden numbness, pins and needles in any part of the body, loss of vision, rapidly developing dizziness or balance, confusion, or severe headache, coughing up blood, shortness of breath or difficulty breathing, chest pain, severe allergic reaction, worried about waiting to see a Doctor, symptoms suggestive of a stroke, excessive bleeding; or

d) any other medical condition that may be serious, urgent or complex,

and instead you should call '000' or attend the nearest hospital emergency department in those circumstances.

All bookings for a Consultation, whether via our online booking system or otherwise, are the responsibility of the relevant Doctor that provides medical services to you. You agree that:

a) we are not responsible for the Consultation;

b) the Consultation may not be fit for your purpose or suitable for your needs; and

c) we are not responsible for how a Consultation is provided, the acts or omissions of the Doctor or the quality of any medical and health care provided.

INTELLECTUAL PROPERTY

The Website and its content contain Intellectual Property owned by us. You agree that you will not infringe our Intellectual Property and will not modify, copy, republish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, communicate, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

DISCLAIMERS

We make no representation or warranty that the Website is appropriate or available for use in any country other than Australia or that the content satisfies the laws of any country other than Australia. You are responsible for ensuring your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

The information on the Website is informational only and does not constitute any kind of professional, medical or specialist advice. Subject to Consumer Law, we make no warranties or representations in respect of the information on the Website including the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website. You must first make independent enquiries before following any recommendations or statements on the Website.

We do not warrant the information contained on the Website is accurate, current, and suitable for your purposes or without errors, omissions or viruses. While we use best endeavours to maintain the security of the Website we do not warrant that the Website will not be intercepted, modified, viewed, lost or taken by third parties (including hackers). You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the Website.

We are not liable to you or anyone else for any Loss as a result of interference with or damage to your computer systems or electronic devices in connection with the use of the Website or a linked website. You must take your own precautions to satisfy yourself the Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems or electronic devices.

The Website may contain links to websites operated by third parties. Those links are provided for convenience only and we have no control over the content of third party sites. You acknowledge we do not endorse, adopt, approve or recommend, and are not responsible or liable for, any content, advertising, products, or other materials on or available from a third party website.

LIABILITY

To the maximum extent permitted by law:

a) you access and use the Website, and receive the Consultations, at your own risk;

b) you release us from, and we will not be liable for any Loss suffered by you, or any Claims made by or against you, including without limitation any injury or loss of life, resulting from or in connection with:

1. your access to, or use of, the Website including all content on the Website;

2. your inability to use the Website; or

3. our use of information that you provide to us via the Website;

4. any Consultation;

5. any medical or health care services provided by a Doctor to you;

6. any act or omission (including negligence) of a Doctor;

7. any of your Personal Information (or any part of it) or any other information you provide to us not being true, accurate or complete in all material respects; and

8. your breach or non-observance of any term of these Terms,

whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.

If Consumer Law, or other law, states there is a guarantee in relation to any goods or services supplied by us, and our liability for failing to comply with that guarantee cannot be excluded, but may limited, then to the extent permitted by law, our liability for breach of a condition or warranty implied by any legislation is limited to the following remedies (at our discretion):

a) in the case of goods, any one or more of the following:

1. the replacement of the goods or supply of equivalent goods;

2. the repair of the goods;

3. the payment of the costs of replacing the goods or of acquiring equivalent goods; or

4. the payment of the costs of having the goods repaired; and

b) in the case of services:

1. supply of the services again by the Doctor; or

2. the payment of the cost of having the services supplied again.

ACCEPTABLE USE POLICY

You must not do any act that is inappropriate, unlawful or prohibited by law, including but not limited to:

a) any act that would constitute a breach of privacy or any legal rights of any other person;

b) any use or intended use of the Website to defame any person or entity; and

c) any actual uploading, or attempt to upload, of any virus, malware or other malicious software that is, or is likely to be detrimental to or in violation of our systems or a third party’s systems or network security.

SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if:

a) you have breached these Terms; or

b) it is appropriate in our discretion acting reasonably; or

c) it is necessary to comply with our legal requirements including a court order,

we may immediately, and without notice, suspend, limit or terminate your access to the Website. On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access without our prior written consent.

Notwithstanding anything to the contrary in these Terms, we may terminate your right to use the Website at any time for any reason on reasonable notice to you.

GENERAL

If we need to contact you, we may do so by email, SMS or by posting a notice on the Website.

For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7, 8, and 9, continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will continue to be binding on you.

These Terms supersede anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

You acknowledge and agree that notwithstanding that you may have been informed of the health care services offered by a Doctor via the Website, your Consultation is an agreement between you and the Doctor. The Doctor is responsible for providing, and fulfilling all of its obligations regarding the supply of medical and health care services to you, and any of its obligations under Consumer Law.

Your rights under these Terms are not transferable. We may assign, novate or transfer our rights or obligations under these Terms on reasonable notice to you.

Jurisdiction

These Terms are governed by the laws of Queensland and the parties irrevocably submit to the exclusive jurisdiction of the Queensland courts.

FEEDBACK

If you have any feedback or wish to make a complaint, please contact the practice manager on 07 5552 1888 or at PO Box 500, Labrador QLD 4215.

You may wish to contact external bodies:

Queensland

Office of the Health Ombudsman

Telephone: 133 646

Web: www.oho.qld.gov.au

Complaints that relate to privacy issues or concerns that cannot be resolved internally are to be directed to the Office of the Australian Information Commissioner (OAIC).

Office of the Australian Information Commissioner

Telephone: 1300 363 992

Postal Address: GPO Box 5218, Sydney NSW 2001

Web: www.oaic.gov.au

PRIVACY, CONSENT and TeRMS AND CONDITIONS