1 WHY YOUR PRIVACY MATTERS TO US
2 COLLECTING YOUR PERSONAL INFORMATION
2.1 Tooth Heaven may collect and use the following kinds of information:
(a) information about your use of the services of Tooth Heaven, including but not limited to our website at www.toothheaven.com.au (the “Services”); and
(b) information about your personal details (including name; phone contact details; address information; email; employer).
2.2 Information about your personal details may be collected from you in a variety of ways, including but not limited to: when you interact with the Services electronically or in person; when you access the Services; via the internet; and when Tooth Heaven provides services to you.
3 HOW WE USE YOUR PERSONAL INFORMATION
3.1 Tooth Heaven may use your personal information:
(a) to enable your access to the Services;
(c) to supply to you the Services to you as a customer;
(d) to receive and/or access information from third party providers for the provision of our services to you;
(e) to contact you regarding your use of the services or services offered by Tooth Heaven;
(f) to contact you in relation to comments, complaints, enquiries or dispute resolution;
(g) to communicate with third party providers or associate parties with respect to the provision of the services;
(h) for marketing purposes; and
(i) to send you marketing communications.
3.2 Tooth Heaven may be required to disclose personal information about you to third parties where it is required, incidental or otherwise related to the primary purpose of providing services to you. You acknowledge and agree that, pursuant to the nature of the Services, Tooth Heaven may elect not to disclose the identity of these third parties to you.
3.3 Tooth Heaven may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
4 KEEPING YOUR INFORMATION SECURE AND ACCURATE
4.1 It is important that you advise Tooth Heaven of changes to your personal information that you have provided to Tooth Heaven as it is essential that your personal information is accurate, complete, and up-to-date in order for Tooth Heaven to provide services to you.
4.2 Tooth Heaven uses reasonable technical precautions and has implemented business processes to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. However Tooth Heaven is not liable for any unauthorised access to this information.
4.3 Tooth Heaven will take all reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes of providing our services to you and where Tooth Heaven is not required to retain that information by law.
5 ACCESS AND CORRECTION
5.1 As a potential customer, you are responsible to ensure that the information you provide to Tooth Heaven is accurate, complete and up-to-date.
5.2 By request, you may contact Tooth Heaven and ask to know what sort of personal information is held about you, for what purposes, and how it is collected, held, used and disclosed.
5.3 By request, you may access your personal information by contacting Tooth Heaven at firstname.lastname@example.org. Tooth Heaven reserves the right to charge a reasonable administration fee for this access.
5.4 Tooth Heaven, in its sole discretion, may consider that there is a sound reason under the Privacy Act, Freedom of Information Act or other relevant law to withhold personal information, or not make the requested changes.
6 IDENTIFIERS AND ANONYMITY
6.1 You acknowledge that Tooth Heaven retains, collects and maintains your personal information for statistical analysis purposes (for internal use only). You agree that Tooth Heaven may share, distribute and/or transfer information which you have provided to Tooth Heaven to third parties, after that information has been de-identified.
7 YOUR PRIVACY AND TRANS-BORDER DATA FLOWS
7.1 You acknowledge that Tooth Heaven’s servers may be situated outside of Australia and therefore, your personal information may be transferred and stored in foreign jurisdictions. You agree that Tooth Heaven may transfer your information into foreign jurisdictions for the purposes of providing you with the Services. In addition to the above, Tooth Heaven will only transfer personal information to someone who is in a foreign country where:
(a) Tooth Heaven 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 Australian Privacy Principles;
(b) the individual consents to the transfer;
(c) the transfer is necessary for the performance of a contract between you and Tooth Heaven, or for the implementation of pre-contractual measures taken in response to your request;
(d) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between Tooth Heaven and a third party;
(e) all of the following apply:
(i) the transfer is for your benefit;
(ii) it is impracticable to obtain the your consent to that transfer; and
(iii) if it were practicable to obtain such consent, you would be likely to give it; or
(f) Tooth Heaven 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 Australian Privacy Principles.
8 USING SENSITIVE INFORMATION
8.1 Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
8.2 Sensitive information will be used by Tooth Heaven only for the primary purpose for which it was obtained; for a secondary purpose that is directly related to the primary purpose; with your consent; or where required or authorised by law.
9 QUESTIONS OR COMPLAINTS
9.2 A complaint should identify whether it is about:
(a) the collection of personal information;
(b) the use of personal information;
(c) the disclosure of personal information;
(d) the security or storage of personal information;
(e) the accuracy of personal information;
(f) a refusal to give complaint access to or find out about their personal information; or
(g) a refusal to change or delete personal information.
9.3 Tooth Heaven values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, Tooth Heaven will respond quickly to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, Tooth Heaven will assess it and advise if it has changed its view. If you are unsatisfied with the final outcome, Tooth Heaven will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.
10.1 No partnership or agency
10.3 Governing Law & Jurisdiction
11.3 This policy was last modified on 22 November 2015