MHC (AUST) PTY LTD (ABN 99 608 500 107), trading as Men’s Health Clinic (MHC, we, us or our) provides customised and managed solutions for the treatment of men’s sexual health.
MHC is committed to the protection of your personal information.
We will handle your personal information in accordance with applicable privacy and health records laws, including the Privacy Act 1988 (Cth) and its Australian Privacy Principles (or APPs), and the Health Records and Information Privacy Act 2002 (NSW) and its Health Privacy Principles (or HPPs).
What is ‘personal information’?
This Policy applies to our handling of personal information. ‘Personal information’ means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not and whether the information is recorded in a material form or not.
Personal information includes ‘sensitive information’, which is a particular type of personal information. Sensitive information includes identifying health information about you (such as details of your health and medical history or the health services you have received), and also includes information about racial or ethnic origin, political opinions or associations, religious or philosophical beliefs, and sexual orientation or practices.
Why do we collect your personal information?
We may collect your personal information where this is necessary for our functions and activities, including provision of men’s health services and other services we provide. In particular, we may collect your personal information:
- to provide you with men’s health services and other services;
- to provide you with information regarding our services;
- to arrange appointments, billing and payment with you for our services; or
- to obtain your consent to the above services and activities.
You are not required to disclose your personal information to us. However, if you do not provide the information requested, we may not be able to provide you with appropriate services or treatment, provide you with relevant information regarding our services, or fulfil any other applicable purposes of collection.
How do we collect your personal information?
We will collect your personal information in a lawful and fair way and in a manner that is not unreasonably intrusive.
We will only collect your personal information and sensitive information where you have consented, or otherwise in accordance with the law.
We will usually collect your personal information directly from you through your interactions with us. This might be through direct communication between you and MHC staff, or your submission of a registration form or other online form using the MHC website, such as when you sign up to our newsletter or purchase a product or service or take part in a quiz. The MHC website is not intended for children and we do not knowingly collect data relating to children.
We may occasionally collect personal information about you from a third party where this is permitted by the law. This may include, but is not limited to, collection from the following third parties: other health professionals involved in your treatment, family members or other persons you have authorised to provide your information to us (such as a legal representative or guardian), diagnostic centers and pathology laboratories, specialists, pharmacists and electronic prescription services, Medicare, your private health insurer or other insurer, or the Pharmaceutical Benefits Scheme. If you are a job applicant, contractor or service provider, we may collect your personal information from your referees and through required screening checks such as a police check.
Where this is permitted by law, we may also collect technical information related to your interaction with the MHC website (such as internet protocol (IP) address, browser type and version, time zone setting and location, operating system and platform, and other technology) from the following parties: analytics providers such as Google; advertising networks; and search information providers.
When we collect your personal information, we will as soon as is practicable take reasonable steps to notify you of the details of the collection (including notifying you through this Policy), such as the purposes for which the information was collected, the organisations (if any) to which the information will be disclosed, and also notify you that this Policy contains details on how you may access or correct your information, or raise any complaints.
What types of personal information do we usually collect?
We may collect personal information (including health information) such as:
- your name, date of birth, gender, postal address, email address and telephone numbers;
- your health and medical history, lifestyle history, family history, marital status, next of kin and other relatives;
- your occupation and employment details, religion, country of birth, indigenous status and racial or ethnic origin;
- your Medicare number or concession card details where relevant to the services we provide to you;
- your private health fund and private health insurance cover details if applicable;
- your workers compensation or other insurance claim details if applicable;
- notes of your symptoms or diagnosis and the treatment given to you;
- your medical reports and test results;
- your prescriptions and other pharmaceutical purchases;
- your appointment and payment and billing details, such as credit card details;
- details of products and services you have purchased from us, and your interests and preferences gathered from your feedback and survey responses; and
- your preferences in receiving marketing from us and/or third parties and your communication preferences.
We may collect personal information from individuals who are not patients of MHC, such as service providers or contractors, to enable us to work or transact with them. This may include personal information provided through job applications and résumés, proposals and contracts.
How do we use your personal information?
If you are a patient of MHC, we generally use your personal information for the following main purposes:
- to communicate with you in relation to the men’s health service being provided to you, and to assess and understand your health and requirements to provide you with appropriate services and advice;
- to respond appropriately to any enquiries or complaints you may make;
- to contact you in relation to your health care, or in an emergency, or for your authorisation in relation to any services;
- to verify your identity;
- to help us manage our accounts and administrative services, including payment and billing, and arrangements with Medicare, private health funds and other insurers;
- to obtain, analyse and discuss test results from pathology laboratories;
- to provide prescriptions where appropriate;
- to request your participation in a quality improvement activity, patient survey or research, and to assess the results of these activities;
- where you have consented, to communicate with you about our services, events, or promotions that may be relevant to you;
- if you are a job applicant, contractor or service provider, to (as applicable) assess your job application, proposal or contract, contact your referees, and facilitate and assess any screening checks (such as a police check), and also to manage our relationship with you;
- to undertake accreditation, quality and safety assurance and clinical audit activities;
- to de-identify the information (that is, by removing all your identifying personal information) in order to produced de-identified statistical or demographic information.
We may also use your personal information for purposes which are directly related to these main purposes, in circumstances where you would reasonably expect us to use your information for these purposes.
We may also use your personal information for purposes which are permitted under the applicable privacy laws, which may include the following:
- for management, planning or evaluation of our services, where we take all reasonable steps to de-identify any materials used; and
- for training and educating our own staff, where we take all reasonable steps to de-identify any materials used.
We will not use your personal information for other purposes unless you have consented, or we are otherwise permitted or required to do so by law.
Do we disclose your personal information to others?
We respect the privacy of your personal information and we will take reasonable steps to keep it confidential and protected.
We will not disclose your personal information to any third parties unless you have consented, or we are otherwise permitted or required to do so by law.
We may disclose your personal information to persons outside of MHC, such as:
- other health service providers where this is necessary for your ongoing care and support and/or further treatment options;
- pharmacists involved in providing your prescribed medication (if applicable); or
- Medicare or your private health insurer or other insurers in relation to the services you are provided with.
We will only disclose your personal information without your consent where we are authorised or required to do so under law, such as: where we reasonably believe this is necessary to prevent or lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety; or where this is reasonably necessary for the establishment, exercise or defence of any legal claim, or for the purposes of a confidential alternative dispute resolution process (for example, by disclosure to our insurers or legal representatives).
Will we transfer your personal information outside of New South Wales or overseas?
We comply with the requirements of the Privacy Act 1988 (Cth) and the Health Records and Information Privacy Act 2002 (NSW) when disclosing personal information outside of New South Wales or overseas.
We will in all cases take reasonable steps to ensure that any such recipient of your personal information does not breach the APPs and HPPs.
We may disclose your personal information to our Performance Manager staff located in the Philippines, so they can provide you with assistance throughout the term of your treatment, including checking in with you every month to monitor your performance and general well-being, the results of which are then fed back to your MHC doctor. We may also disclose your personal information to our marketing team members located in the United Kingdom, India and the United Arab Emirates, where this is in accordance with your communication preferences. These disclosures will only be to the minimum extent necessary for these purposes, and these overseas staff members will handle your personal information in accordance with the APPs and HPPs. You consent to us disclosing this personal information to our overseas staff members for these purposes.
It also may be necessary to disclose your personal information to persons or organisations outside of New South Wales or overseas to provide you with ongoing care and treatment (for example, where a referral is made to a health professional located interstate).
If MHC intends to engage in any other marketing communications, we may send you such communications in accordance with any previous consent you have provided or any marketing communication preferences that you have notified to us, or as otherwise permitted under the Privacy Act and the Spam Act 2003 (Cth).
If you have previously agreed to receive such marketing communications, but no longer wish to receive such marketing communications you can contact us using the contact details below to modify your preferences, or you can simply opt-out of such communications using the instructions or opt-out link provided in the marketing communication sent to you.
We will obtain your express opt-in consent before we share your personal information with any third party for marketing purposes. You can request such third parties to stop sending you marketing communications using the instructions or opt-out link provided in the marketing communication sent to you by the third party.
Revoking your consent
You may revoke your consent to any particular uses or disclosures of your personal information at any time. You may notify us of any revocation using our contact details listed below, or by notifying the MHC staff member you are receiving services from.
How do we hold and protect your personal information?
We will protect your privacy and the security of your personal information by taking steps to ensure that your personal information is protected against misuse, interference and loss, and unauthorised access, modification or disclosure.
We also use a variety of physical and technological security measures to protect the personal information we hold.
We may hold your personal information in a number of ways including electronically and in physical format.
Electronic copies of records will be kept in a manner consistent with the requirements of the Privacy Act 1988 (Cth) and the Health Records and Information Privacy Act 2002 (NSW) and applicable electronic transactions legislation.
When your personal information is no longer required to be retained under law (and in the case of your health information, the information has been retained for the required periods under the HPPs) we will take steps to securely destroy the information or to ensure that the information is permanently de-identified.
Quality of the personal information we hold
We take reasonable steps to ensure that the personal information we collect, use and disclose is accurate, up-to-date, complete, and relevant to our functions and activities. You can assist us in keeping your personal information accurate by informing us of any updates to your personal information using our contact details below.
We are required to comply with mandatory ‘notifiable data breach’ scheme (the NDB scheme) under the Privacy Act 1988 (Cth). The NDB scheme applies when an ‘eligible data breach’ of personal information occurs.
An ‘eligible data breach’ occurs when:
- there is unauthorised access to or unauthorised disclosure of personal information, or a loss of personal information, that an organisation holds; and
- this is likely to result in serious harm to one or more individuals; and
- the organisation has not been able to prevent the likely risk of serious harm with remedial action.
An organisation may take remedial steps to prevent the likelihood of serious harm occurring for any affected individuals after a data breach has occurred, in which case, the data breach is not an ‘eligible data breach’.
If we have reasonable grounds to believe that we have experienced an eligible data breach (and remedial action cannot be used), we will promptly notify affected individuals and the Office of the Australian Information Commissioner about the breach in accordance with the Privacy Act 1988 (Cth).
The MHC website and cookies
We use the following cookies:
- Essential cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
- Analytical or performance cookies: These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works.
- Functionality cookies: These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences.
- Targeting cookies: These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Can you access and correct your personal information?
You may request to access the personal information that we hold about you using our contact details below.
In certain circumstances, we may refuse to allow you access to your personal information where this is authorised by the law, such as where: providing access would have an unreasonable impact on the privacy of other individuals; or providing access would pose a serious threat your life or health; or providing access would be unlawful.
We take all reasonable steps to ensure that the personal information we collect, use and disclose is accurate, up-to-date and complete, relevant and not misleading.
If you believe that the personal information we hold about you requires correction, you may request that the information be corrected using our contact details below.
If we refuse your request for access or correction, we will provide you with reasons for the refusal in writing, and details about how you may seek review of our decision.
Information where we have removed any material that would reasonably identify you or any other person (‘de-identified information’), is not personal information.
We may collect, use and disclose aggregated de-identified information such as statistical or demographic information for any purpose, such as for management, planning or evaluation of our services. For example, this information may be used to calculate the percentage of users accessing a specific service provided by MHC.
However, if we ever were to combine or connect such de-identified information with your personal information so that it can directly or indirectly identify you, we will treat the combined information as personal information which we will handle in accordance with this Policy.
Privacy related questions and complaints
We respect your privacy and we take all complaints and concerns regarding privacy very seriously.
If you have any questions about privacy-related issues or wish to complain about a breach of your privacy or the handling of your personal information by us, you may lodge your question or complaint in writing to MHC by using the contact details below. We will respond to you as soon as possible, but no later than 30 days from receipt of your question or complaint.
If you are not satisfied with our response, you may wish to contact:
- the Commonwealth Office of the Australian Information Commissioner. See www.oaic.gov.au; or
- the New South Wales Health Care Complaints Commission. See www.hccc.nsw.gov.au.
Our contact details
If you would like to contact us regarding any privacy matters, including where:
- you would like to request access to or correction of your personal information;
- you have a complaint or concern regarding your privacy; or
- you would like further information about this Policy,
please contact us using the following details:
- Email address: firstname.lastname@example.org (attention: Privacy Officer); or
- Telephone number: 1300 959 733
Updates to this Policy
We may revise this Policy from time to time. We will update you on any changes to this Policy through our website at www.mhc.com.au, and we will make the most current version of the Policy available when you receive services from us, or on your request.