ENT Privacy Policy

ENT Technologies Pty Ltd (“ENT”) is committed to responsible privacy practices and is bound by the Privacy Act 1988 (Cth), as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, and applicable health records legislation such as the Health Records Act 2001 (Vic), the Health Records (Privacy and Access) Act 1997 (ACT) and the Health Records and Information Privacy Act 2002 (NSW), and will only collect and use personal information in accordance with the Act and this Policy.

This Policy sets out ENT’s policies on the management of personal information including how ENT collects personal information, the purposes for which it uses this information, and to whom this information is disclosed.

ENT understands that the privacy and confidentiality of your personal information is important to you. ENT’s intention is to use the personal information provided to it by you to make any dealings with ENT better suited to your needs.

1. What is personal information?

1.1 In this Policy, “personal information” has the meaning set out in the Privacy Act. In summary, personal information is information or an opinion about an individual who is reasonably identifiable.

1.2 A reference to “personal information” in this policy includes “health information”, as defined in the Privacy Act and applicable health records legislation. Essentially, health information is information or an opinion relating to the health or a disability of an individual who is reasonably identifiable.

2. Who does ENT collect information from and what information does ENT collect?

2.1 If you are an individual contractor to ENT, ENT may also collect information relevant to your engagement with it including qualifications, resume, reference information from your nominated referees, tax file number, bank details, feedback from supervisors and training records.

2.2 ENT may collect personal information about you through its interactions with you. Generally, ENT may keep a record of your name, date of birth, contact details (i.e. address, telephone number, etc), and, when collecting personal information for business purposes, your professional details (e.g. qualifications, speciality, areas of interest), details on your practice/business (e.g. size, use of products, prescribing practices) and details of your dealings with ENT, such as certain transactional information and financial details to process the transaction. Other information may be collected from other sources but those sources will provide details of what personal information is being collected and why.

2.3 If ENT is providing you with, or assisting your health service provider or treating health professional (such as a doctor, pharmacist or hospital) to provide you with, a health related service, ENT may collect your health information and, in such circumstances, you consent to ENT collecting that information and using and disclosing that information for the purpose for which you disclosed it and as permitted by the Privacy Act, applicable health records legislation and other relevant laws.

3. Website

3.1 When you use ENT’s websites, ENT may collect website usage information such as the IP address you are using, the name of your Internet service provider, your browser version, the web site that referred you to ENT and the next website you go to, the pages you request, the date and time of those requests and the country you are in.

4. Government identifiers

4.1 In certain circumstances, ENT is required to collect government identifiers such as tax file numbers, Medicare numbers, health service provider numbers, pension numbers and Veteran’s Affairs numbers. ENT only collects, uses and discloses such information as permitted or required by law.

5. Collection of personal information

5.1 In addition to the types of personal information identified above, ENT may collect personal information as otherwise permitted or required by law.

5.2 For example, ENT may collect information about:

(a) Healthcare Professionals (e.g. doctor, nurse, pharmacist etc.) in the course of:

responding to product queries;

meetings with ENT’s sales representatives;

complying with ENT’s regulatory obligations (e.g. notification of important product safety information or recording reporter details for adverse event reporting); and

participation in ENT sponsored programs (e.g. clinical trials, expert panels, educational programs, research grants and disease management programs);

(b) Members of the general public in the course of:

using ENT’s customer or product information services;

participation in non-prescription product promotional activities; and

participation in ENT sponsored programs (e.g. clinical trials, educational programs and disease management programs);

(c) Service providers in the course of:

providing services to ENT; and

completing due diligence questionnaires.

(d) Pharmacy customers in the course of:

Fulfilling orders through ENT.

6. How information is collected

6.1 ENT collects personal information in a number of ways. The most common ways ENT collects your personal information are:

from publicly available sources;

directly from you when you provide it to ENT or its agents or contractors;

via ENT’s website or when you deal with ENT online (including through social media pages);

if you are an individual contractor to ENT, from your employer or recruitment agency;

from credit reporting agencies;

from ENT’s related companies; and

from third parties (for example, from your health service provider or treating health professional (such as a doctor, pharmacist or hospital) in connection with providing a health-related service to you; from referees if you apply for a position as an employee or contractor with ENT).

6.2 The personal information collected may vary depending on your particular interaction with ENT but will be limited to that information necessary to record and manage ENT’s interaction with you or as permitted or required by law.

7. Your right to not provide information

7.1 ENT believes that choice is one of the most important privacy principles. You have the choice not to submit personal information (other than as may be required by law) to ENT. However, this may result in ENT being unable to provide products and services to you or reduce your ability to fully participate in all aspects of our websites. ENT will inform you if it is possible for an interaction to occur on an anonymous basis and, where it is, it will be optional for you to provide personal information.

7.2 By providing personal information and/or continuing to engage with ENT you consent to your personal information being collected, used and disclosed in accordance with this Privacy Policy.

8. How does ENT use personal information and to whom does ENT disclose it?

8.1 Whenever practical, ENT endeavours to inform you why it is collecting your personal information, how ENT intends to use that information and to whom ENT intends to disclose it at the time it collects your personal information.

9. Purpose of information collected

9.1 ENT uses the personal information it collects for the primary purposes for which it is collected, other related purposes or as permitted or required by law including the following purposes:

(a) to provide health products or services (including advice) that have been requested;

(b) administering conferences, symposia, expert panels, seminars or other similar programs organised by ENT, which you agree to participate in or be involved with;

(c) to conduct due diligence with respect to ENT’s service providers;

(d) sending you material on ENT’s activities and products or developments in pharmaceutical treatments that ENT believes may be of interest to you and tailoring marketing services to suit your needs;

(e) to involve doctors/investigators (and people who assist them) in clinical trials;

(f) to verify your identity;

(g) to improve ENT’s products and services and keep you up to date on such improvements;

(h) maintaining a record of medical queries, complaints and adverse event or adverse reaction reports relating to ENT’s products and reporting these to relevant regulatory bodies, such as the Therapeutic Goods Administration, as may be required;

(i) to administer and manage services, including charging, billing and collecting debts;

(j) to address any issues or complaints that ENT or you have regarding our relationship;

(k) managing, planning and arranging meetings between healthcare practitioners and ENT’s sales representatives;

(l) to comply with legal obligations such as notifying you of matters that ENT may be required by law to notify you of (e.g. product recalls);

(m) managing and administering ENT’s service for pharmacies;

(n) to enable you to participate in any loyalty programs that ENT conducts;

(o) administering disease awareness/management programs or other similar programs organised by ENT, which you agree to participate in or be involved with;

(p) to gain insights in to how ENT’s products are prescribed and used in practice;

(q) monitoring and reviewing ENT’s compliance with relevant regulations and codes of conduct in its dealings with you and monitoring the quality, safety and efficacy of its products; and

(r) generating customer lists for the purposes of market research.

10. Disclosure of information

10.1 For one or more of the above purposes, ENT may disclose your personal information to:

(a) third parties within or outside of Australia including:

(i) health service providers or treating health professionals (such as your doctor, pharmacist or hospital), in connection with providing health-related goods or services to you or as otherwise required or authorised by law;

(ii) ENT’s contractors and other third parties that provide goods and services to ENT (including suppliers, marketing agencies, data analysis specialists, data processing organisations, billing and debt recovery providers, website and data hosting providers, loyalty program administrators and other IT suppliers);

ENT’s accountants, insurers, lawyers, auditors and other professional advisers;

any third parties to whom you have directed or permitted ENT to disclose your personal information (e.g. referees);

in the event that ENT or its assets may be acquired or considered for acquisition by a third party, that third party and its advisors;

carefully selected third parties with whom ENT has data sharing arrangements;

third parties that require the information for law enforcement or to prevent a serious threat to public safety; and

otherwise as permitted or required by law.

(b) government and regulatory authorities, courts, tribunals and other bodies as required or authorised by law, within or outside of Australia, and ethics committees as part of a clinical trial evaluation, monitoring or inspection process.

10.2 Where ENT discloses your personal information to third parties, it will use reasonable endeavours to ensure that such third parties only use your personal information as reasonably required for the purpose it was disclosed to them and in a manner consistent with the Privacy Act and relevant health records legislation, e.g. by (where commercially practical) including suitable privacy and confidentiality clauses in ENT’s agreement with a third party service provider to which it discloses your personal information.

10.3 As ENT changes and grows, ENT might buy or sell companies, subsidiaries or assets and generally customer information is one of the transferred business assets, particularly if ENT or substantially all of its assets are acquired.

11. Public parts of websites or social media pages

11.1 If you post information to public parts of ENT’s websites or to its social media pages, you acknowledge that such information (including your personal information) may be available to be viewed by the public. You should use discretion in deciding what information you upload to such sites.

12. Disclosure of information outside the State/Territory of collection

12.1 Some of the third parties to whom ENT discloses personal information may be located outside the state or territory in which the information was collected or outside Australia. The state/territories and countries in which such third parties are located will depend on the circumstances. For example, ENT may disclose personal information to its related companies overseas and to its overseas service providers.

12.2 In respect of health information covered by health records legislation, unless otherwise required or permitted by law, ENT will only disclose your health information to a third party outside the state/territory of collection if it reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which upholds principles for fair handling of the information that are substantially similar to those in the applicable health records legislation.

13. Security of personal information

13.1 ENT takes reasonable precautions to protect your personal information from loss, misuse, alteration disclosure or interference and unauthorised access. Please notify ENT immediately if you become aware of any breach of security.

13.2 While we endeavour to keep information on ENT’s websites, including the personal information provided by you or on your behalf, secure and confidential, ENT will not be responsible for any breach of security caused by third parties and do not represent that ENT’s websites are completely secure. Except to the extent liability cannot be excluded due to the operation of statute, ENT excludes all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information. Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

13.3 ENT has directed its staff that personal information must be dealt with in accordance with this Policy and kept secure from unauthorised access or disclosure. ENT will limit access to personal information to its personnel on a need to know basis. ENT educates its staff about their duty to protect your privacy and provide training regarding this Policy.

14. What happens if you don’t provide personal information?

14.1 Generally, you have no obligation to provide any personal information requested by ENT. However, if you choose to withhold requested personal information, ENT may not be able to provide you with products and services that depend on the collection of that information.

15. Links

15.1 ENT’s websites may contain links to other websites that ENT thinks may be of interest to you. However, ENT is not responsible for the privacy practices or the content of such websites. When linking to the other site, you should always check that the website’s privacy policy before providing any personal information.

16. Cookies

16.1 ENT, may use standard technology called cookies on its websites. Cookies are small data files that are downloaded onto your computer when you visit a particular website. Cookies help provide additional functionality to the website or to help ENT analyse site usage more accurately. For instance, ENT’s server may set a cookie that keeps you from having to enter a password more than once during a visit to one of our sites. In all cases in which cookies are used, the cookie will not collect personal information except with your explicit permission. You can disable cookies by turning them off in your browser, however, some areas of ENT’s websites may not function properly if you do so.

17. Accessing and updating personal information that ENT holds about you

17.1 ENT tries to maintain your personal information as accurately as reasonably possible. ENT relies on the accuracy of personal information as provided to it both directly (from you) and indirectly.

17.2 ENT has appointed a Privacy Officer to oversee ENT’s management of personal information in accordance with this Policy and the Privacy Act. The Privacy Officer’s contact details are set out below.

17.3 You may contact ENT if the personal information it holds about you is incorrect or to notify ENT of a change in your personal information.

17.4 You can, in most cases, access the personal information ENT holds about you. If you wish to do so, please contact the Privacy Officer. ENT will provide access to that information in accordance with the Privacy Act and health records legislation, subject to certain exemptions which may apply. ENT may require that the person requesting access provide suitable identification and where permitted by law, ENT may charge an administration fee for granting access to your personal information.

17.5 ENT endeavours to ensure that the personal information it holds is accurate, complete and up-to-date. Please contact the Privacy Officer if you believe that the information ENT holds about you requires changing or becomes out-of-date.

18. Changes to ENT’s Privacy Policy

18.1 ENT reserves the right to change this Policy, as it deems appropriate. Should any changes occur to this Privacy Policy, it will be posted on ENT’s websites and will be available on request.

18.2 Your continued use of our websites, products services or provision of further personal information to ENT once you have been notified of the revised privacy policy constitutes your deemed acceptance of the revised Privacy Policy.

19. What if you have a complaint?

19.1 If you wish to make a complaint about a breach of this Policy or any applicable privacy laws, please contact the ENT Privacy Officer, as set out below. You will need to provide ENT with sufficient details regarding your complaint as well as any supporting evidence and/or information.

19.2 The Privacy Officer will investigate the issue and determine the steps (if any) that ENT will undertake to resolve your complaint. ENT will contact you if it requires any additional information from you and will notify you in writing of the outcome of the investigation. If you are not satisfied with ENT’s determination, you can contact ENT to discuss your concerns or complain to the Australian Privacy Commissioner via www.oaic.gov.au.

20. How to contact ENT

20.1 If you have questions about ENT and privacy, wish to provide feedback about this policy, would like to update your personal details held by ENT, wish to access information held by ENT about you or wish to make a privacy related complaint please contact ENT Technologies: