ACHS Website Privacy Statement and Disclaimer

Contents

• Introduction
• Collection of Information
• Use and Disclosure of Personal Information
• Access to Personal Information
• Correction of Personal Information
• Data Security
• Cookies
• Credit Card and Financial Information
• Direct Marketing
• Limitation of the ACHS Website Privacy Statement and Disclaimer
• Changes to the ACHS Website Privacy Statement and Disclaimer
• How to contact ACHS

 
Introduction
 
This Website Privacy Statement and Disclaimer applies to this website, operated by The Australian Council on Healthcare Standards ACN 008 549 773 ("ACHS") under the domain name "www.achs.org.au". It explains the personal information that ACHS and its subsidiaries may collect when you use this website, how ACHS may use and/or disclose that information and the procedures that ACHS has in place to safeguard your privacy.
 
ACHS is committed to ensuring the protection of all "personal information" provided to it by visitors to, and users of, its website. ACHS seeks to comply at all times with the Australian Privacy Principles formulated under the Privacy Act 1988 (Cth) ("Privacy Act") when collecting, using, disclosing, securing and providing access to personal information. To the extent of any inconsistency between the Australian Privacy Principles (as amended from time to time) and this Website Privacy Statement and Disclaimer, the Australian Privacy Principles will prevail.
 
For the purposes of this Website Privacy Statement and Disclaimer,"personal information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

• whether the information or opinion is true or not; and
• whether the information or opinion is recorded in a material form or not.

This Website Privacy Statement and Disclaimer only applies to your use of this website. A copy of this Statement and/or the ACHS Privacy Policy and Confidentiality Policy may be requested by contacting ACHS.
ACHS suggests that you read this Website Privacy Statement and Disclaimer in full and assess whether it is satisfactory to you before using this website.
By using the ACHS website you acknowledge and accept that this use indicates your acceptance of this Website Privacy Statement and Disclaimer.
 
Collection of Information
 
ACHS collects certain standard information that your browser sends to the ACHS website when you visit it. This information includes your Internet Provider ("IP") address and the date and time you accessed the ACHS website. Your "IP address" is the identifier for your computer when you are using the internet.
ACHS will only collect personal information from you:

• by lawful and fair means; and
• to the extent reasonably necessary for ACHS to perform its functions and carry on its activities.

During your use of this website, ACHS may ask you to voluntarily provide the following personal information:

• Name
• Address
• Telephone number
• Email address.

It is necessary to provide this personal information, for example, if you wish to purchase an ACHS product or service using this website. It is not necessary to provide this personal information to browse the list of available ACHS products and services.
ACHS will only collect this personal information from you with your consent and for the purpose of retaining a record of the contact details of the individuals and organisations it provides information, products and services to, and has transacted with.
If you do not provide the information requested, ACHS may not be able to provide you with the products or services you are seeking to purchase.
ACHS will not otherwise attempt to identify you during your use of this website. ACHS will never attempt to identify your web-browsing activities.
Wherever it is lawful and practicable, ACHS will provide you with the option of not identifying yourself when entering into a transaction or otherwise dealing with ACHS.
 
Use and Disclosure of Personal Information
 
ACHS will not use or disclose the personal information collected from you via the ACHS website for a purpose other than the primary purpose for which it was collected unless:

• you have consented to your personal information being used or disclosed for another purpose;
• the other purpose is related to the primary purpose for which the personal information was collected and it is reasonable in the circumstances for you to expect that your personal information will be used for the other purpose by ACHS (for example, to issue an invoice in relation to the purchase of a product or service supplied by ACHS); or
• the use or disclosure is required or authorised by Australian law or court / tribunal order or is reasonably necessary for law enforcement or related purposes.

ACHS may use or disclose personal information about you to conduct direct marketing if:

• it collected the information from you;
• you would reasonably expect that the personal information would be used or disclosed for direct marketing;
• ACHS has provided a simple means by which you can request not to receive direct marketing; and
• you have not made such a request.

Where you would not reasonably expect your personal information to be used for direct marketing, or the information has been collected from a third party, ACHS may only use or disclose personal information if:

• you have consented to the use or disclosure for this purpose or it is impracticable to obtain your consent;
• ACHS will provide a simple means by which you can opt out; and
• in each direct marketing communication ACHS will include a prominent statement telling you that you may request to no longer receive marketing, and no such request has been made.

You have the right to contact ACHS to:

• request not to receive direct marketing communications from ACHS;
• request ACHS not to disclose the personal information to other organisations for purposes of direct marketing; and
• request ACHS to provide its source of the personal information,

and ACHS will comply with such requests within a reasonable period after the request is made and will not charge you for the making of, or to give effect to, the request.
ACHS does not need to comply with requests to disclose the source of information if it is impracticable or unreasonable to do so.
If ACHS is required or authorised to use or disclose your personal information for a purpose other than the primary purpose for which it was collected, ACHS will take steps to inform you of the other use or disclosure (unless ACHS is prevented by law from doing so).
Under no circumstances will ACHS sell or trade your personal information.
If ACHS obtains your email address as a result of you sending an email to ACHS, the email address will not be used or disclosed for a purpose other than the purpose for which it was provided. ACHS will not add your email address to an email distribution list without your consent.
 
Access to Personal Information
 
The ACHS website allows you to access all of the personal information you have voluntarily provided to ACHS during your use of this website.
If for any reason you are unable to access your personal information, you have the right to request a copy of the personal information about you held by ACHS.
ACHS will consider and respond to requests from you for access to the personal information about you held by ACHS within a reasonable period after the request is made, and in a manner requested by you (if it is reasonable and practical to do so). If ACHS charges you for giving access to the personal information, the charges will not be excessive and the charges will not apply to the making of the request.
ACHS will only decline an access request in certain limited circumstances prescribed by the Privacy Act. These include, amongst others, where:

• providing access would have an unreasonable impact upon the privacy of other individuals;
• the request for access is frivolous or vexatious;
• providing access would be unlawful;
• denying access is required or authorised by or under an Australian law or court / tribunal order; or
• both of the following apply:
• • ACHS has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to its functions or activities has been, is being or may be engaged in; and
  • giving access would be likely to prejudice the taking of appropriate action in relation to the matter.

If ACHS denies a request for access to the personal information or for access in the manner requested, ACHS will take such steps (if any) as are reasonable in the circumstances to give access in a way that meets the needs of both ACHS and you, including giving access through a mutually agreed intermediary.
ACHS will provide you with written notice if it refuses to give access to the personal information or to give access in the manner requested by you. The written notice will set out:

• the reasons for the refusal except to the extent that, having regard to the grounds for refusal, it would be unreasonable to do so; and
• the mechanisms available to complain about the refusal.

 
Correction of Personal Information
 
ACHS will take reasonable steps to ensure that any personal information about you it holds is accurate, complete and up-to-date as well as relevant, having regard to the purpose of that disclosure or use.
The ACHS website also allows you to edit all of the personal information you have voluntarily provided to ACHS during your use of this website.
If for any reason you are unable to edit your personal information, you have the right to request that ACHS adds to, corrects or updates your personal information.
If:

• ACHS is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete or irrelevant or misleading; or
• you are the individual to whom the personal information relates and you request ACHS to correct the information,

then ACHS will take reasonable steps to correct the personal information to ensure that, having regard to the purpose for which it is held, it is accurate, up-to-date, complete, relevant and not misleading.
If ACHS corrects personal information about you that it has previously disclosed to a third party and you request ACHS to notify that third party of the correction, ACHS must take such steps as are reasonable in the circumstances to notify the other party of the correction, unless it is impracticable or unlawful to do so.
ACHS will provide you with written notice if it refuses to correct the personal information as requested by you. The written notice will set out:

• the reasons for the refusal except to the extent that it would be unreasonable to do so; and
• the mechanisms available to complain about the refusal.

 
Security of Personal Information
 
ACHS will take all reasonable steps to protect the personal information it holds from misuse, interference and loss and from unauthorised access, modification, or disclosure.
ACHS will take all reasonable steps to destroy or permanently de-identify personal information if the personal information is no longer required for any purpose for which it may be used or disclosed in accordance with the APPs if ACHS is not required by or under Australian law, or court / tribunal order, to retain the information.
You are responsible at all times for maintaining the confidentiality of your ACHS website account username and password (if you have registered with the ACHS website).
 
Cookies

A "cookie" is a small data file which is stored on your hard drive or in your computer's memory when you visit a website. Cookies are generated by web servers when you access a website and are passed to your computer and stored for subsequent future use.
 
Some interrupted session information (for example, "shopping cart" content) will be saved for a period of time determined by the ACHS website system administrators (this is usually around 20 days).
 
Credit Card and Financial Information
 
The ACHS website does not accept credit card payments or process credit card transactions and no financial information is stored in the ACHS website or supporting database.
 
Direct Marketing
 
ACHS may use or disclose personal information about you to conduct direct marketing if:

• ACHS collected the information from you;
• you would reasonably expect ACHS to use or disclose the personal information for that purpose;
• ACHS has provided a simple means by which you can request not to receive direct marketing; and
• you have not made such a request.

Where you would not reasonably expect the personal information to be used for direct marketing, or the information has been collected from a third party, ACHS may only use or disclose personal information if:

• you have consented to the use or disclosure for this purpose or it is impracticable to seek consent;
• ACHS will provide a simple means by which you can opt out; and
• in each direct marketing communication with you ACHS will include a prominent statement telling you that you may request to no longer receive marketing, and no such request has been made.

You have the right to contact ACHS to:

• request not to receive direct marketing communications from ACHS;
• request ACHS not to disclose the personal information to other organisations for purposes of direct marketing; and
• request ACHS to provide its source of the personal information,

and ACHS will comply with such requests within a reasonable period after the request is made and will not charge you for the making of, or to give effect to, the request.

ACHS does not need to comply with requests to disclose the source of information if it is impracticable or impossible.
 
If you choose to register with the ACHS website by voluntarily providing requested personal information, you may elect not to receive any marketing or promotional material from ACHS. This election can be changed at any time.
If you have elected to receive marketing communications, each such communication will indicate how you may opt out of receiving future marketing material.
 
Limitation of the ACHS Website Privacy Statement and Disclaimer
 
ACHS may make third party websites available to you through hyperlinks on this website. These hyperlinks are provided for your convenience only. ACHS is not responsible for the content or privacy practices employed by third party websites to which hyperlinks have been provided. These websites are not subject to this Website Privacy Statement and Disclaimer.
 
This Website Privacy Statement and Disclaimer only applies to your use of this ACHS website. When you leave this website you should review the privacy policy of each individual website you access and assess whether the policy is acceptable to you before you use the website.
 
Further, ACHS is not responsible for, and makes no representations concerning, the products offered at any third party websites to which hyperlinks have been provided. The inclusion of a hyperlink on this website does not expressly indicate nor imply that ACHS endorses the website or any products or services offered there.
 
Changes to the ACHS Website Privacy Statement and Disclaimer
 
ACHS may change this Website Privacy Statement and Disclaimer at any time. The varied Website Privacy Statement and Disclaimer will be made available on this website.
ACHS recommends that you access and review this Website Privacy Statement and Disclaimer each time you visit this website.
 
How to contact ACHS
 
If you have any queries or complaints in relation to ACHS' collection, use or management of personal information, please contact ACHS by one of the following means:

• By mail:

Privacy Compliance Officer
C/- The Office of the Chief Executive
The Australian Council on Healthcare Standards
5 Macarthur Street
ULTIMO NSW 2007

• By email: achs@achs.org.au
• By telephone: +61 2 9281 9955
• By facsimile: +61 2 9211 9633