Privacy Policy

Privacy Policy

1. Introduction

1.1 From time to time TLC Dental (“Practice”) is required to collect, hold, use and/or disclose

personal information relating to individuals (including, but not limited to, its clients, contractors,

suppliers and employees) in the performance of its business activities.

1.2 This document sets out the Practice’s policy in relation to the protection of personal information,

as under the Privacy Act 1988 (Cth) the (“Act”) and the Australian Privacy Principles (“APP”).

1.3 The APPs regulate the handling of personal information.

2. What is Personal Information?

2.1 Personal information means information or an opinion (including information or an opinion

forming part of a database), whether true or not, and whether recorded in a material form or not,

about an individual whose identity is apparent, or can reasonably be ascertained, from the

information or opinion.

3. Employee Records

3.1 This policy does not apply to the collection, holding, use or disclosure of personal information

that is an employee record.

3.2 An employee record is a record of personal information relating to the employment of an

employee. Examples of personal information relating to the employment of the employee include,

but are not limited to, health information and information about the engagement, training,

disciplining, resignation, termination, terms and conditions of employment of the employee.

Please see the Act for further examples of employee records.

4. Kinds of Information that the Practice Collects and Holds

4.1 The Practice collects personal information that is reasonably necessary for one or more of its

functions or activities.

4.2 The type of information that the Practice collects and holds may depend on your relationship with

the Practice. For example:

i. Candidate: if you are a candidate seeking employment with the Practice, the Practice may

collect and hold information including your name, address, email address, contact

telephone number, gender, age, employment history, references, resume, medical history,

emergency contact, taxation details, qualifications and payment details.

ii. Client: if you are a client of the Practice, the Practice may collect and hold information

including your name, address, email address, contact telephone number, gender and age.

iii. Supplier: if you are a supplier of the Practice, the Practice may collect and hold information

including your name, address, email address, contact telephone number, business

records, billing information, information about goods and services supplied by you.

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iv. Referee: if you are a referee of a candidate being considered for employment by the

Practice, the Practice may collect and hold information including your name, contact

details, current employment information and professional opinion of candidate.

v. Sensitive information: the Practice will only collect sensitive information where you

consent to the collection of the information and the information is reasonably necessary

for one or more of the Practice’s functions or activities. Sensitive information includes, but

is not limited to, information or an opinion about racial or ethnic origin, political opinions,

religious beliefs, philosophical beliefs, membership of a trade union, sexual preferences,

criminal record, health information or genetic information.

5. How the Practice Collects and Holds Personal Information

5.1 The Practice must collect personal information only by lawful and fair means. The Practice will

collect personal information directly from you if it is reasonable or practicable to do so.

5.2 The Practice may collect personal information in a number of ways, including without limitation:

i. through application forms;

ii. by email or other written mechanisms;

iii. over a telephone call;

iv. in person;

v. through transactions;

vi. through our website;

vii. through surveillance camera;

viii. by technology that is used to support communications between us;

a) through publically available information sources (which may include telephone

directories, the internet and social media sites);

b) direct marketing database providers;

5.3 When the Practice collects personal information about you through publicly available information

sources, it will manage such information in accordance with the APPs.

5.4 At or before the time or, if it is not reasonably practicable, as soon as practicable after, the

Practice collects personal information, the Practice must take such steps as are reasonable in

the circumstances to either notify you or otherwise ensure that you are made aware of the

following:

i. the identity and contact details of the Practice;

ii. that the Practice has collected personal information from someone other than you if you

are unaware that such information has been collected;

iii. that collection of personal information is required by Australian law, if it is;

iv. the purpose for which the Practice collects the personal information;

v. the consequences if the Practice does not collect some or all of the personal information;

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vi. any other third party to which the Practice may disclose the personal information;

vii. the Practice’s privacy policy contains information about how you may access and seek

correction of personal information held by the Practice and how you may complain about

a breach of the APPs; and

viii. whether the Practice is likely to disclose personal information to overseas recipients, and

the countries in which those recipients are likely to be located.

5.5 Unsolicited personal information is personal information that the Practice receives which it did

not solicit. Unless the Practice determines that it could have collected the personal information

in line with the APPs or the information is contained within a Commonwealth record, it must

destroy the information to ensure it is de-identified.

6. Purposes for which the Practice Collects, Holds, Uses and/or

Discloses Personal Information

6.1 The Practice will collect personal information if it is reasonably necessary for one or more of its

functions or activities.

6.2 The main purposes for which the Practice may collect, hold, use and/or disclose personal

information may include but are not limited to:

i. recruitment functions;

ii. client service management;

iii. training and events;

iv. surveys and general research; and

v. business relationship management.

6.3 The Practice may also collect, hold, use and/or disclose personal information if you consent or if

required or authorised under law.

Direct marketing:

6.4 The Practice may use or disclose personal information (other than sensitive information) about

you for the purpose of direct marketing (for example, advising you of new goods and/or services

being offered by the Practice).

6.5 The Practice may use or disclose sensitive information about you for the purpose of direct

marketing if you have consented to the use or disclosure of the information for that purpose.

6.6 You can opt out of receiving direct marketing communications from the Practice by contacting

the Privacy Officer in writing or if permissible accessing the Practice’s website and unsubscribing

appropriately.

7. Disclosure of Personal Information

7.1 The Practice may disclose your personal information for any of the purposes for which it is was

collected, as indicated under clause 6 of this policy, or where it is under a legal duty to do so.

7.2 Disclosure will usually be internally and to related entities or to third parties such as contracted

service suppliers.

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7.3 Before the Practice discloses personal information about you to a third party, the Practice will

take steps as are reasonable in the circumstances to ensure that the third party does not breach

the APPs in relation to the information.

8. Access to Personal Information

8.1 If the Practice holds personal information about you, you may request access to that information

by putting the request in writing and sending it to the Practice Manager. The Practice will respond

to any request within a reasonable period, and a charge may apply for giving access to the

personal information.

8.2 There are certain circumstances in which the Practice may refuse to grant you access to the

personal information. In such situations the Practice will give you written notice that sets out:

i. the reasons for the refusal; and

ii. the mechanisms available to you to make a complaint.

9. Correction of Personal Information

9.1 If the Practice holds personal information that is inaccurate, out-of-date, incomplete, irrelevant or

misleading, it must take steps as are reasonable to correct the information.

9.2 If the Practice holds personal information and you make a request in writing addressed to the

Privacy Officer to correct the information, the Practice must take steps as are reasonable to

correct the information and the Practice will respond to any request within a reasonable period.

9.3 There are certain circumstances in which the Practice may refuse to correct the personal

information. In such situations the Practice will give you written notice that sets out:

i. the reasons for the refusal; and

ii. the mechanisms available to you to make a complaint.

9.4 If the Practice correct personal information that it has previously supplied to a third party and you

request us to notify the third party of the correction, the Practice will take such steps as are

reasonable to give that notification unless impracticable or unlawful to do so.

10. Integrity and Security of Personal Information

10.1 The Practice will take such steps (if any) as are reasonable in the circumstances to ensure that

the personal information that it:

i. collects is accurate, up-to-date and complete; and

ii. uses or discloses is, having regard to the purpose of the use or disclose, accurate, up-todate

and complete.

10.2 The Practice will take steps as are reasonable in the circumstances to protect the personal

information from misuse, interference, loss and form unauthorised access, modification or

disclosure.

10.3 If the Practice holds personal information, it no longer needs the information for any purpose for

which the information may be used or disclosed, the information is not contained in any

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Commonwealth record and the Practice is not required by law to retain the information, it will take

such steps as are reasonable in the circumstances to destroy the information or to ensure it is

de-identified.

11. Anonymity and Pseudonymity

1.1 You have the option of not identifying yourself, or using a pseudonym, when dealing with the

Practice in relation to a particular matter. This does not apply:

i. where the Practice is required or authorised by or under an Australian law, or a

court/tribunal order, to deal with individuals who have identified themselves; or

ii. where it is impracticable for the Practice to deal with individuals who have not identified

themselves or who have used a pseudonym.

11.2 However, in some cases if you do not provide the Practice with your personal information when

requested, the Practice may not be able to respond to your request or provide you with the goods

or services that you are requesting.

12 Complaints

2.1 You have a right to complain about the Practice’s handling of your personal information if you

believe the Practice has breached the APPs.

12.2 If you wish to make such a complaint to the Practice, you should first contact the Privacy Officer

in writing. Your complaint will be dealt with in accordance with the Practice’s complaints

procedure and the Practice will provide a response within a reasonable period.

12.3 If you are unhappy with the Practice’s response to your complaint, you may refer your complaint

to the Office of the Australian Information Commissioner.

13 Privacy Officer Contact Details

13.1 The Practice’s Privacy Officer can be contacted in the following ways:

i. Telephone number: 0411 227 179

ii. Email address: kim@tlc-dental.com.au

iii. Postal address: Suite 3, 52 Hatherley Parade Winthrop WA 6150

14 Breach of this Policy

14.1 Any employee who is found to have breached this policy may be subject to disciplinary action,

up to and including termination of employment.

15. Variations

15.1 This policy does not form part of any Employee’s contract of employment. The Practice may

vary, replace or terminate this policy from time to time.