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Privacy Policy

eConsults (eConsults.com.au) Privacy Policy : [Compliance Date: 5th December 2018]

eConsults, under the banner of KU-MEDTECH PTY LTD with an ACN: 625 517 875, recognises delicate privacy issues that are associated with your "personal data and protected health information", and transborder flows of "personal data and protected health information" (when applicable).

In preparation of this privacy policy, eConsults has taken into consideration, various privacy principles issued by ; OECD (ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT), US DEPARTMENT OF HEALTH AND HUMAN SERVICES and GOVERNMENT OF AUSTRALIA.

Organisation for Economic Co-operation and Development (OECD) has issued recommendation and guidelines on 1980 and revised guidelines on 2013, for protection of privacy and transborder flow of personal data.

"RECOMMENDATION OF THE OECD CONCERNING GUIDELINES GOVERNING THE PROTECTION OF PRIVACY AND TRANSBORDER FLOWS OF PERSONAL DATA (23 SEPTEMBER 1980 AND REVISED ON 2013 THE OECD PRIVACY FRAMEWORK RECONGNISES THAT:"  although national laws and policies may differ, Member countries have a common interest in protecting privacy and individual liberties, and in reconciling fundamental but competing values such as privacy and the free flow of personal information.

Reference link: http://www.oecd.org/sti/ieconomy/oecdguidelinesontheprotectionofprivacyandtransborderflowsofpersonaldata.htm

REVISED on 2013 THE OECD PRIVACY FRAMEOWRK” reference link: http://www.oecd.org/sti/ieconomy/oecd_privacy_framework.pdf

The Government of Australia has introduced the National Privacy Principles based on the amended Privacy Act of 1988.

The ten National Privacy Principles (NPPs) contained in schedule 3 of the  Privacy Act 1988(Privacy Act) regulate how large businesses, all health service providers and some small businesses and non-government organisations handle individuals’ personal information. Reference link: https://www.oaic.gov.au/privacy-law/privacy-archive/privacy-resources-archive/national-privacy-principles

Areas covered in the ten National Privacy Principles (NPP 1 to 10) are:

eConsults, also would like to take this opportunity to inform you about HIPPA Privacy Rule(Health Insurance Portability and Accountability Act of 1996 issued by US Department of Health and Human Services), which has also been taken into consideration in preparation of eConsults privacy policies and procedures. reference link: https://www.hhs.gov/sites/default/files/privacysummary.pdf?language=en

  • “The HIPAA Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”)” reference link: https://www.hhs.gov/sites/default/files/privacysummary.pdf?language=en

Under HIPPA Privacy Rule Protected Health Information. “The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI)” reference link: https://www.hhs.gov/sites/default/files/privacysummary.pdf?language=en

eConsults would like to inform you (medical and non-medical users) about: 

  • How we collect information those are necessary for your (Doctor and Patient) medical assessments and communications “to and from” one of the independent medical practitioners and patients, and will endeavor to maintain a high level of confidentiality" .
  • What types of information that “eConsults and users of eConsults” may collect from you and how we will handle your personal, medical, non-medical information and professional qualification details.

eConsults and users of eConsults may collect your personal details that may include (not limiting to); Name, address, Date of birth, gender, medicare “and/or” health fund details, doctor registration number, doctor prescriber number, doctor provider number, medical qualifications, doctor specialties, payment details, medical information(if any by consulting medical practitioners or on behalf of consulting practitioners). eConsults does not intend to store your protected health information in its database and eConsults encourages independent medical practitioners to safe guard your protected health information as they would in general medical practice environment.

Your video communication with the doctor is not recorded unless requested by you with a specific reason to your consulting independent medical practitioner, which will need be resourced and provisioned by you "and/ or" consulting independent medical practitioner, eConsults does not assume any responsibility "and/or" liabilities under these circumstances.

eConsults’s Privacy Procedures and details are set out below:

  • We have established a web based platform, which may collect your personal details and protected health information (if any) to facilitate your video based-health-communications with one of the medical practitioners. We have taken reasonable steps (administrative, technical and physical) to ensure your privacy is protected “before, during and after” video based-medical-consultations, from administrative, technical and physical misuses.
  • Personal information provided to eConsults may include users name and passwords to access our web based paltform, full medical and some family histories, contact details, health insurance, financial account and medicare details. The information will normally be collected directly from you. Occasionally information from third party sources such as; pathology providers may need to be obtained and your approval will be requested ("as/if" necessary) by your consulting independent medical practitioner.
  • eConsults does not engage independent medical practitioners in "employee/employer/contractual realationship" under any circumstances, however for “completeness "and/or" for any unforeseen events, we have included “independent medical practitioners in this paragraph; “Administrative staffs, patients coordinators, nurse assessors and independent medical practitioners associated with eConsults, will collect the information. Some of this personal information will be used for processing payments and to notify you about eConsults services (not limiting to information on products and services); to provide better cares; for secure communications with independent medical practitioners or staff if required; to inform you about your payments (deductions, refunds) related information; for your feedbacks, reviews, and publications.
  • eConsults may keep your communication histories, your personal profile, treatment records and other protected health information if relevant to your consultations, diagnosis, treatments. You may inspect or request copies of your treatment records from your consulting independent medical practitioners directly and you will need to make necessary arrangements with your consulting independent medical practitioner, for this purpose.
  • If any of the information eConsults has about you (medical and non-medical user)is inaccurate, you may edit your record yourself as it is self-managed or seek advice from/ or request eConsults about editinging your records, accordingly.
  • eConsults may need to disclose some of your health information to other healthcare professionals such as specialists or healthcare providers like pathology providers, radiology etc, this will occur only with your consent. "There are regulations concerning notifiable diseases where disclosure is mandatory to health authorities by your video based-health-consulting independent medical practitioners".
  • eConsults may also use de-personalised elements of your health records for research purposes, in study groups or at seminars as this may provide benefits to other patients. Should that happen, your personal identity will not be disclosed without your consent.
  • Your (medical and non-medical user) consent is required to have your privacy information passed between the companies involved in providing you with any form of care, for medications, for treatments and for processing payments.
  • eConsults will share your personal and payment related information to third party financial institutions(payment gateways, banks), with your consent. eConsults does not store your (medical and non-medical user) credit card numbers.
  • Your protected health information will otherwise be treated with confidentiality by eConsults "and/or" related independent medical practitioners on an ongoing basis. Only authorised staffs "will have" (have)  access to your (PHI) medical records (if any).

eConsults “cookies, web analytics and push notifications policies and procedures”:

  • To enable some of the important eConsults web services, we use cookies and push notification services.
  • eConsults’s Cookies and push notification services are an industry standard and used by most of the web sites and web based application service providers.
  • eConsults’s "cookie" is a small text file that eConsults may place on your computer as a tool to remember your preferences not limiting to access to your computer microphone, camera, automated software update notification services, save user credentials and other preferences if applicable.
  • You may reject cookies and notification services by selecting “reject or decline” buttons or by selecting appropriate settings on your browser, however please note that eConsults platform requires certain hardware and software accesses to enable your video-communications with Independent Medical Practitioners, and may not receive important application update information.
  • eConsults may use social media networking services as well as google analytics and reporting services. Social media and google, use their own cookies which record your web browsing behaviour and track your geolocation. Please visit google privacy policy page by clicking reference link: https://policies.google.com/privacy, and learn more about how google treats and protects your personal web browsing behaviour and other information.

eConsults website also contains links to third party websites as reference links to contents published on this website. Please read the privacy practices of each website, provided on its privacy policies and procedures section. eConsults does not assume any responsibilities for the privacy practices of third party websites.

eConsults “Spam  policies and procedures”:

eConsults takes this opportunity to inform you (medical and non-medical user) about how we collect information that is necessary for your (Doctor and Patient) medical assessments and communications “to and from” one of the independent medical practitioners and patients, and will endeavor to maintain a high level of confidentiality by taking in consideration anti-spam guidelines and regulatory requirements under Australian Privacy Act 1988 and Spam Act 2003, US; HIPAA A 1996.

eConsults spam policy is written to inform you about  why and  how eConsults and its users will use your personal details to communicate with you, limiting to, by use of your personal details collected at the time of registration and communications with “eConsults and its users”.

eConsults and its users’ reasons and methods of communications:

  • In the form of Cookies (only for eConsults users)
  • In the form of user reviews and rating (only for eConsults users)
  • In the form of health tips (only for eConsults users)
  • For Software ( initial) notification
  • For Software (update) notification
  • For communication about user registration, password changes,
  • For Audio Video communication between doctors and patients
  • For Newsletters (if applicable)
  • For Press and media releases about eConsults and its  products & services
  • For communication about payment confirmation, subscription notices and tax invoices
  • For E-prescription or other electronic medical documentation specific to your personal medical condition (if applicable)

eConsults codes of conduct for reviews and publications (if applicable):

  • eConsults uses rating and publication services (limited to eConsults platform)for the benefits of its prospective users to make informed decisions about the services of eConsults and its users (video consulting medical practitioners).
  • eConsults encourages users to use the rating and publication services,  solely based on personal experience, medical services, any form of medical advices and opinions, received.
  • eConsults strongly discourages the use of "verbally", "personally", "racially and politically motivated" derogatory comments “and/or” statements  in user ratings and publications, using eConsults platform and its features.”

Spamming is illegal (reference link: https://www.acma.gov.au/Industry/Marketers/Anti-Spam/Ensuring-you-dont-spam/understanding-spam-ensuring-you-dont-spam-i-acma) and eConsults neither assume any forms of liabilities nor provides any forms of indemnity to individual “and/or” corporation/s responsible for breaches of anti-spamming acts “and/or” guidelines “and/or” eConsults spam policy regardless of country of origin and passes on all liabilities to individual “and/or” corporation/s “jointly and severely (if applicable)” responsible for breaches.

 

Terms and Conditions for acceptance of eConsults “privacy policies and procedures":

If you wish to continue using this website “and/or” services in offering provided by eConsults under the banner of KU-MEDTECH PTY LTD with an ACN: 625 517 875, you understand and agree that you are at least at age of 18 and legally qualified to accept any forms of “terms and conditions” or can enter into legally binding contract as set out in this agreement and also agree that you do not have any impairment in judgements resulting from, not limited to, medical “and/or” physical conditions “and/or” intoxication “and/or” under influence of prescription medication “and/or” any other condition/s that could impair your personal judgement.

General Users :

  • By accepting to use eConsults platform for your communications “to and/or from” one of independent medical practitioners, you acknowledge that you have accepted not limiting to, privacy policy, cookies policies, spam policies, pricing policies, payment “terms and conditions” and “cancellation and refund” policies set out on this website.

Medical Practitioner :

  • By accepting to subscribe and use eConsults platform for your communications “to and/or from” general users (prospective patient and/or existing patients) or to another medical practitioner, you acknowledge that you have accepted not limiting to, privacy policy,cookies policies, spam policies, pricing policies, payment “terms and conditions” and “cancellation and refund” policies set out on this website.

eConsults does not provide any medical services itself. eConsults is a communication service platform from one user(as a patient or Medical practitioner) to another (as a patient or Medical practitioner).

Any information or advices “received or given” from an independent medical practitioner comes from his/her own areas of expertise and professional judgements. eConsults neither provides any forms of assurances nor accepts liabilities for advices received or given on behalf of independent medical practitioners or general users.

eConsult does not intend to replace primary health care systems, rather assists and intends to provide additional tool for independent medical practitioners and general users to stay in touch with each other, with an intention to facilitate technology aided additional medical cares.

eConsults does not endorse any specific test, doctor, medication, products and procedures those may be recommended by independent medical practitioners “directly or indirectly” during or after eConsults video consultations. You acknowledge that your reliance on advices, recommendations and services provided by “independent medical practitioners or general users” is solely at your discretion and assume full responsibilities for all risk associated with it.

eConsults performs rigorous checks to ensure all independent medical practitioners are properly qualified and have required registrations, against Medical Board of Australia database, however assumes that independent medical practitioners have, not limiting to their professional indemnity insurances and other liabilities insurance/s (if applicable). eConsults neither makes any forms of representations nor provides warranties about “trainings or skills” sets of independent medical practitioners or general users.

eConsults regularly reviews its contents and posts on this website and platform however you acknowledge and agree that information (not limiting to; text, video, graphics, emails, phone numbers) on this website is provided for general informational purposes only and eConsults assumes that you have relied on your own personal judgements before making any forms of decisions.

These "terms and conditions" constitutes the entire agreement between the parties and supersedes all other agreements relating to this subject matter and sets out the complete legal relationship between eConsults and you as an user(non-medical and/or medical). For the benefit of doubt, in the case of any conflicts between these "terms and conditions", and any other agreements, these "terms and conditions" will take precedence over all other agreements in doubt.

If you are in disagreements “and/or” dissatisfied “and/or” want to know more about the "terms and conditions", set out in this section, please do not hesitate to contact eConsults, or would like to take matter further, please find some quick links for Australian Government Authorities; those may assist you in resolving your query/ies.

If you are dissatisfied with eConsults privacy policies and procedures or there has been a breach in your privacy, please do not hesitate to contact eConsults administration via provided links under "Contact us" page or via provided details on this page below. eConsults has provided some useful links for you (medical and non-medical user) to lodge your complaints or seek advice with Australian government regulated authorities, in the event, eConsults is unable to resolve your complain.

 

Disclaimers: eConsults neither makes any forms of representation nor provides warranties for its quality, reliability or affordability of services in offering other than disclosed in Privacy Policy, Payment Terms, and Terms and Conditions.

Useful tips: Please visit our Resources section for the summary of reference links and resource materials used in this website.