PRIVACY NOTICE

Form Health Pty Ltd ABN 8362 7571 582 (FHPL) (April 2024 Edition)

1.                  About this Notice

1.1        FHPL is bound by the Privacy Act 1988 and the Australian Privacy Principles.  If the Customer is within the European Economic Area (EEA), paragraph 9 explains their additional rights under the European Union General Data Protection Regulation (GDPR).

1.2        Australian Privacy Principle 5 and Articles 13 and 14 of the GDPR require this Notice.

2.                  Dictionary

In this Notice: Customer means an individual with whom FHPL contracts, or may contract, to supply a product or service; Personal Information has its meaning in the Privacy Act 1988 (namely information or an opinion about an identified individual, or an individual who is reasonably identifiable), such as, for example, a Customer's name, place of residence, health history.

3.                  Collection of Personal Information

FHPL collects Personal Information of a Customer for one or more of the following purposes:

3.1        assessing an application by the person to contract for the supply of a product;

3.2        the making or performance of a contract with the Customer, including the provision of any services to the Customer;

3.3        any purpose required or authorised by law.

4.                  Failure to collect Personal Information

If Personal Information is not provided to FHPL, it will adversely affect its capacity to assess an application by the person to contract with FHPL for the supply of a product, or to provide services to the Customer.

5.                  Disclosure of Personal Information

FHPL may disclose Personal Information to any of the following:

5.1        the Customer;

5.2        a person authorised by the Customer, such as a health care professional, family member, carer, attorney;

5.3        persons to whom FHPL may contract out some business functions and activities, such as book-keeping, data storage;

5.4        its insurers;

5.5        any Tribunal or a Court having jurisdiction over FHPL;

5.6        any person, body or agency (such as a Government Department) where required or allowed by law.

6.                  Off shore disclosure

FHPL may use and disclose a Customer's Personal Information in jurisdictions other than Australia or its external territory where either:

6.1        the Customer is living outside Australia or its external territory, and the provision of FHPL's product to that Customer is to be supplied or supplemented by in-person teaching by a coach / mentor located in the same country as the Customer and appointed by FHPL for that purpose; or

6.2        required by law, as permitted by the Australian Privacy Principles or (if required) with the Customer's consent.

It is not reasonably practicable to list the countries to which FHPL may transmit Personal Information overseas.  However, FHPL will, where practicable, advise the Customer of the countries in which overseas recipients are likely to be located.

7.                  Privacy Policy

The Privacy Policy of FHPL contains information about:

7.1        how an individual may access the Personal Information about the individual that is held by FHPL and seek the correction of such information;

7.2        how an individual may complain about a breach of the Australian Privacy Principles, or a registered APP Code (if any) that binds FHPL, and how FHPL will deal with such complaint.

8.                  Contact details

FHPL may be contacted on (0011 + 61 + ) 0434 294 209 or by email to hello@formphysiotherapy.com.au. 

9.                  GDPR

For Customers that are within the EEA:

9.1        FHPL’s contact details appear in paragraph 8;

9.2        Personal Information is processed for the purposes and legitimate interests described in paragraph 3.  The legal bases for FHPL’s processing include to manage its business operations, administer its Customer relationships, and address its legal obligations;

9.3        Personal Information is required for FHPL to make or perform contracts and to comply with its legal obligations.  Failure to provide the Personal Information has the consequences described in paragraph 4;

9.4        FHPL may transfer Personal Information to jurisdictions that have a different standard of data protection to a Customer’s home country.  However, in those instances FHPL has implemented contractual or other appropriate safeguards and can provide details of those safeguards where required by law;

9.5        subject to any applicable laws, Personal Information will be stored for as long as FHPL requires it for the purposes described in paragraph 3;

9.6        under certain conditions, Customers may:

9.6.1        request access to their Personal Information;

9.6.2        require rectification of inaccurate or incomplete Personal Information;

9.6.3        request deletion of Personal Information;

9.6.4        request that processing of Personal Information be restricted;

9.6.5        object to the processing of Personal Information;

9.6.6        request the transfer of Personal Information to the Customer or another organisation;

9.6.7        withdraw their consent to processing of Personal Information for a specific purpose, without affecting the lawfulness of processing which occurred before that withdrawal;

9.7        FHPL does not make legal or other significant decisions about Customers based solely on automated decision-making, including profiling;

9.8        if FHPL does not collect Personal Information directly from Customers it will confirm its source, including whether it is publicly accessible;

9.9        complaints may be lodged with a Customer’s local data protection authority in the EEA, if the Customer believes that FHPL has not complied with the GDPR.