Orphan Australia Terms & Conditions and Privacy Policy

Welcome to our website.

Orphan Australia has adopted this Privacy Policy with respect to its collection, use, storage and disclosure of information about individuals.

Orphan Australia is committed to protecting the privacy of all the individuals it deals with. This document sets out our policies on handling personal information collected through this website.

In general, we do not collect personal identifying information about you when you visit our website. You can visit our site without telling us who you are or revealing other personal identifying information. The information we receive depends upon what you do when visiting our site.

Orphan Australia welcomes your feedback.  If you have any questions in relation to privacy, please contact us at: 

Orphan Australia Pty Ltd
300 Frankston Dandenong Rd, Dandenong, VIC 3175
telephone 03 9709 2200
facsimile 03 9709 2299
info@orphan.com.au

1.1.      Orphan will only collect personal information that is necessary for its functions or activities.

1.2.      Orphan will only collect personal information by lawful and fair means and in a way which is not unreasonably intrusive.

1.3.      When personal information is collected from an individual (or, if that is not practicable, as soon as practicable after) Orphan will take reasonable steps to ensure that the individual is aware of:

(a)    Orphan’s identity and how to contact it

(b)   the fact that they are able to gain access to the information;

(c)    the purposes for which the information is collected;

(d)   the types of entities to which Orphan usually discloses information of that kind;

(e)    any law that requires the particular information to be collected; and

(f)    the main consequences (if any) for the individual if all or part of the information is not provided.

1.4.      Where reasonable and practicable to do so, Orphan will collect personal information about an individual from that individual.

1.5.      If Orphan collects personal information from someone other than the individual, it will take reasonable steps to ensure that the individual is made aware of the matters listed in subclause 1.3 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.

2.1.      In general, Orphan Australia uses personal information for the following purposes:

(a)    To maintain a record of medical queries, complaints and adverse event reports relating to the company’s products and reporting these to relevAnt regulatory agencies (eg. the Therapeutic Goods Administration, TGA) as required

(b)   To provide health products or services that have been requested

(c)    For administering conferences, symposia, seminars or other similar programs organised by the company

(d)   To notify you of matters the company may be required by law to notify you of (eg. product recalls)

(e)    To manage, plan and record meetings between you and Orphan Australia’s sales and marketing staff.

2.2.      Orphan will only use or disclose personal information for a purpose (the secondary purpose) other than the primary purpose of collection if:

(a)    the secondary purpose is related to the primary purpose of collection and, the individual would reasonably expect the information to be used or disclosed for the secondary purpose; or

(b)   the individual has consented to the use or disclosure; or

(c)    the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing where:

      i.      it is impracticable for Orphan to seek the individual’s consent before that particular use;

         ii.      the individual having been offered the opportunity of declining to receive direct marketing communication at no charge has not declined;

          iii.      the individual has not made a request to the organisation not to receive direct marketing communications;

          iv.      in each direct marketing communication with the individual, Orphan draws to the individual’s attention, or prominently displays a notice, that they may decline to receive any further direct marketing communications; and

          v.      each written direct marketing communication by Orphan with the individual sets out Orphan’s contact details; or

(d)   the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety where:

        i.      it is impracticable for Orphan to seek the individual’s consent before the use or disclosure;

        ii.      the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95A of the Commonwealth Privacy Act; and

        iii.      in the case of disclosure Orphan reasonably believes that the recipient of the health information will not disclose the health information, or personal information derived from the health information; or

(e)    Orphan reasonably believes that the use or disclosure is necessary to lessen or prevent:

        i.      a serious and imminent threat to an individual’s life, health or safety; or

        ii.      a serious threat to public health or public safety; or

(f)    Orphan has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or

(g)   the use or disclosure is required or authorised by or under law; or

(h)   Orphan reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:

        i.      the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;

        ii.      the enforcement of laws relating to the confiscation of the proceeds of crime;

        iii.      the protection of the public revenue;

        iv.      the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;

        v.      the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

2.4.      Despite subclause 2.1, Orphan may disclose health information about an individual to a person who is responsible for the individual if:

(a)    the individual:

        i.      is physically or legally incapable of giving consent to the disclosure; or

        ii.      physically cannot communicate consent to the disclosure;

(b)   Orphan is satisfied that either:

        i.      the disclosure is necessary to provide appropriate care or treatment of the individual; or

        ii.      the disclosure is made for compassionate reasons; and

(c)    the disclosure is not contrary to any wish:

        i.      expressed by the individual before the individual became unable to give or communicate consent; and

        ii.      of which the carer is aware, or of which the carer could reasonably be expected to be aware; and

(d)   the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (b).

Orphan will take reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.

4.1.      Orphan will take reasonable steps to protect the personal information it
holds from misuse and loss and from unauthorised access, modification or disclosure.

5.      OPENNESS

5.1.      On request, Orphan will take reasonable steps to let a person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information about that person.

6.1.      Orphan will provide an individual with access to the information on request by the individual, except to the extent that:

(a)    in the case of personal information other than health information providing access would pose a serious and imminent threat to the life or health of any individual;

(b)   in the case of health information providing access would pose a serious threat to the life or health of any individual;

(c)    providing access would have an unreasonable impact upon the privacy of other individuals;

(d)   the request for access is frivolous or vexatious;

(e)    the information relates to existing or anticipated legal proceedings between Orphan and the individual, and the information would not be accessible by the process of discovery in those proceedings;

(f)    providing access would reveal the intentions of Orphan in relation to negotiations with the individual in such a way as to prejudice those negotiations;

(g)   providing access would be unlawful;

(h)   denying access is required or authorised by or under law;

(i)     providing access would be likely to prejudice an investigation of possible unlawful activity; or

(j)     providing access would be likely to prejudice:

        i.      the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty sanction or breaches of a prescribed law;

        ii.      the enforcement of laws relating to the confiscation of the proceeds of crime;

        iii.      the protection of the public revenue;

        iv.      the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;

        v.      the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or

(k)   an enforcement body performing a lawful security function asks Orphan not to provide access to the information.

6.3.      If Orphan is not required to provide the individual with access to the information because of one or more of paragraphs 6.1(a) to (k) (inclusive), Orphan will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

6.5.      If Orphan holds personal information about an individual and the
individual is able to establish that the information is not accurate, complete and up to date, Orphan will take reasonable steps to correct the information so that it is accurate, complete and up to date.

6.7.      Orphan will provide reasons for denial of access or a refusal to correct personal information.

7.1.      Orphan will not adopt an identifier of an individual that has been assigned by:

(a)    an agency;

(b)   an agent of an agency acting in its capacity as agent;

(c)    a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract, unless

(d)   the use or disclosure is necessary for Orphan to fulfil its obligations to the agency; or

(e)    one or more of paragraphs 2.1(e) to 2.1(h) (inclusive) apply to the use or disclosure; or

(f)    the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.

7.3.      In this clause:  identifier includes a number assigned by Orphan to an individual to identify uniquely the individual for the purposes of the organisation’s operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.

Wherever it is lawful and practicable, individuals will have the option of not identifying themselves when entering into transactions with Orphan.

Orphan will only transfer personal information about an individual to someone (other than the organisation or the individual) who is in a foreign country if:

(a)    Orphan reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or

(b)   the individual consents to the transfer; or

(c)    the transfer is necessary for the performance of a contract between the individual and Orphan, or for the implementation of pre-contractual measures taken in response to the individual’s request; or

(d)   the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Orphan and a third party; or

(e)    all of the following apply:

        i.      the transfer is for the benefit of the individual;

        ii.      it is impracticable to obtain the consent of the individual to that transfer;

        iii.      if it were practicable to obtain such consent, the individual would be likely to give it; or

(f)    Orphan has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.

10.1.  Orphan will not collect sensitive information about an individual unless:

(a)    the individual has consented;

(b)   the collection is required by law;

(c)    the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:

        i.      is physically or legally incapable of giving consent to the collection; or

        ii.      physically cannot communicate consent to the collection; or

(d)   the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

(a)    the information is necessary to provide a health service to the individual; and

(b)   the information is collected:

        i.      as required by law (other than this Act); or

        ii.      in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation

10.3.      Despite subclause 10.1, Orphan may collect health information about an individual if:

        i.      research relevant to public health or public safety;

        ii.      the compilation or analysis of statistics relevant to public health or public safety;

        iii.      the management, funding or monitoring of a health service;

(b)   that purpose cannot be served by the collection of information that does not identify the

individual or from which the individual’s identity cannot reasonably be ascertained;

(c)    it is impracticable for Orphan to seek the individual’s consent to the collection; and

(d)   the information is collected:

        i.      as required by law (other than this Act);

        ii.     in accordance with rules established by competent health or medical bodies that deal

            with obligations of professional confidentiality which bind the organisation; or

        iii.   in accordance with guidelines approved by the Commissioner under section 95A for

             the purposes of this subparagraph.

10.4.      If Orphan collects health information about an individual in accordance with subclause 10.3, it will take reasonable steps to permanently de-identify the information before it discloses it.

11.      REQUESTS FOR INFORMATION

11.1.      Orphan will provide an individual with access to information which is held about them.  The nature and timing of access will be agreed between Orphan and the individual.

11.2.      A request for access to personal information must be in writing, specify the information sought and may be made to an individual’s usual contact at Orphan or the Privacy Officer. Adequate identification by or authority from an individual must be supplied to Orphan before any personal information will be provided.

11.3.      Access to personal information will be provided within 10 business days of receiving a request. If this can not be complied with, Orphan will advise within that period when access will be provided.

11.4.      Orphan may charge a reasonable fee for providing access to personal information.

11.5.      Any concerns or difficulties regarding a request for personal information should be referred to the Privacy Officer.

12.1.      Any complaint by an individual regarding Orphan’s management or handling of personal information should be directed to Orphan. Contact details are set out at the commencement of this Policy.

12.2.      To enable a complaint to be properly understood and acted upon it is requested that it be made in writing, specifying the personal information involved and the contact or process at Orphan the subject of the complaint.

12.3.      All complaints will be acknowledged within 3 business days of receipt. Contact details of the  person in Orphan dealing with the complaint and the Privacy Officer will also be advised to the individual making the complaint at this time

12.4     Complaints will be responded to within 15 business days. If this is not possible the individual will be advised as to when Orphan expects to be able to respond.