Ortho Medics Limited Privacy Statement
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY
What kinds of personal information does Ortho Medics collect?
In order to provide our customers with our products and services, we may collect and use personal information about you and others. If we are not provided with all the personal information we request, we may not be able to supply our products and services
The personal information that we collect from you may include:
- your name
- email address
- other personal information
Ortho Medics may also collect patient identification numbers and corresponding implant part numbers from hospitals.
How does Ortho Medics collect your personal information?
Where possible, we collect an individual’s personal information from that individual.
We may also receive some personal information from hospitals and other service providers that have direct contact with patients. This information is provided to Ortho Medics to enable us to identify and investigate health risks relating to our products and provide sufficient information to these entities to allow them to take the necessary corrective or preventative action. Ortho Medics collects this information on the understanding that patients have authorised the disclosure to us for such purpose.
How does Ortho Medics store and protect your personal information?
We recognise our responsibility to protect any personal information that is entrusted to us. We have taken reasonable steps to protect this information from any interference, misuse, loss, unauthorised access, modification or disclosure.
We use a variety of secure techniques to protect your personal information including secure forms and servers, firewalls and the encryption of your data. We have also taken reasonable steps to ensure that any overseas recipients of your personal information store this information using the same or equivalent secure techniques.
Ortho Medics stores all of your personal information in accordance with your rights under the New Zealand Privacy Principles and any other rights granted by the Privacy Act 2020, the Health Information Privacy Code and New Zealand law.
We will only retain your personal information for so long as it may be required by us, or as otherwise required by law.
Purpose of collection
We collect, hold, use and disclose the personal information so we can:
- meet our legal obligations;
- identify our customers, potential customers and their representatives;
- provide our products and services or other benefits to you;
- communicate with you;
- provide you with information that we believe may be of interest to you
- develop records, including records of your personal information
- develop and improve programmes, products, services and content
- carry out billing and debt recovery activities;
- carry out our management, administrative, quality assurance and complaint handling activities in a professional and efficient manner;
- protect Ortho Medics’s rights or property
- protect someone’s health, safety or welfare
- comply with a law or regulation, court order or other legal process.
- and for other purposes necessary for us to efficiently and effectively carry out our services and/or any of the above.
By submitting personal information you agree that we may keep a record of this information and may use it in accordance with the above.
We usually disclose the personal information we collect to our related entities, service providers and contractors that help us supply our products and services. For example, we may disclose the personal information we collect to our information technology providers, and professional advisers such as legal practitioners and accountants, debt collectors and insurers.
Except as indicated above, we will not disclose your personal information to a third party unless:
- you have consented to the disclosure;
- the third party is our service provider or contractor, in which case we will require them to use and disclose the personal information only for the purpose for which it was provided to them;
- the third party is a person involved in a dealing or proposed dealing (including a sale) of all or part of our assets and business;
- the disclosure is to a related entity; or
- the disclosure is permitted, required or authorised by or under law.
We may use personal information to advise you of new products and marketing initiatives that we think may be of interest to you. This may include product or service offerings, newsletters and general information about us.
If you prefer not to receive information about our products and services, you can ask to be removed from the relevant circulation list by contacting us at the contact details listed below.
We never disclose personal information to a third party for the purpose of allowing them to direct market their products or services to you, unless you have expressly consented to that disclosure.
Website & Cookies
To ensure we are meeting the needs and wants of our website users, and to develop our online services, we may collect aggregated information by using cookies or similar electronic tools.
We do not use this technology to access any personal information of a user in our records and a user cannot be personally identified from a cookie.
Accessing personal information held by Ortho Medics
The individual should submit a request for access (an “IPP 6 request”).
If Ortho Medics receives a request for personal information, it may only give access that to person (the “requestor”) if:
- Ortho Medics is satisfied of the identity of the requestor; and
- Ortho Medics does not have reasonable grounds to believe that the request is made under the threat of physical or mental harm; and
- Ortho Medics is sure that any information intended for a requestor is received only by that requestor or the individual; and
- if the request is made by a requestor as agent of an individual, that Ortho Medics is sure that the requestor has the written authority of the individual or is otherwise properly authorised by the individual.
It is for Ortho Medics to put processes and standards in place which are appropriate to its business to ensure it can satisfy the above requirements. Where possible, speaking directly with the individual concerned (or their legal guardian, in the case of a minor) should be the preferred approach. That individual’s identify could be verified by sighting their photo ID, or where that is not possible (say in the context of a telephone conversion) then questions could be asked of the individual to satisfy Ortho Medics that they are speaking with the individual concerned.
Timeframes and Notices
Within 10 working days of receipt – If Ortho Medics does not hold the information requested, but believes the information is held by another agency or believes the information is more closely connection with the functions or activities of another agency, then must transfer the request to the other agency and inform the requestor; unless good cause to believe that the requestor does not want the request transferred, in which case Ortho Medics must (within that same working day period), inform the requestor that:
- section 43 of the Privacy Act 2020 applies;
- in reliance on section 43(3), the request has not been transferred; and
- the name of the agency to which the request could have been transferred.
Within 20 working days of receipt – Must respond to the request, and notify the requestor that:
- Ortho Medics does not hold personal information in a way that enables the information to be readily retrieved; or
- Ortho Medics does not hold any personal information about the individual to whom the request relates; or
- Ortho Medics does hold personal information about the individual to whom the request relates and, if access to the information has been requested, that:
- access to that information, or some of that information, is granted, and must state:
- the way the information is to be made available (see paragraph 10);
- the charge (if any) payable under section 66 of the Privacy Act 2020 (such charge must be reasonable, giving regard to cost of labour and materials involved and making it available under urgency, if applicable), and whether all or part of that charge is required to be paid in advance; and
- the requestor’s right to make a complaint to the Commissioner about the charge payable (if any);
- whether any conditions are imposed (see paragraph 8);
- whether any information requested is to be withheld, and if so, the reason for the decision to withhold the information and the requestor’s right to make a complaint to the Commissioner about that decision; or
- access to that information, or some of that information, is refused, and must state:
- the reason for the refusal;
- the requestor’s right to make a complaint to the Commissioner in respect of the refusal; or
- access to that information, or some of that information, is granted, and must state:
- Ortho Medics neither confirms or denies that it holds any personal information about the individual to whom the request relates.
Within 20 working days of receipt – Must inform requestor if an extension of time is needed. Ortho Medics may extend the initial response time limit for a reasonable period of time having regard to the circumstances, if:
- The request is for a large quantity of information; or necessitates a search thorough a large quantity of information, and meeting the original time limit would unreasonably interfere with the operations of the agency; or
- Consultations necessary to make a decision on the request are such that a response to that request cannot reasonably be given within the original time limit; or
- The processing of the request raises issues such as complexity that a response to that request cannot reasonably be given within the original time limit.
Notice to extend must:
- Specify the period of the extension;
- Give the reasons for the extension;
- State the requestor has the right to make a complaint to the Commissioner about the extension; and
- Contain any other information that may be necessary.
Ortho Medics may refuse access to any personal information requested if:
- The disclosure would likely pose a serious threat to the life, health or safety of an individual; or public health or public safety; or significant likelihood of serious harassment; or would include disclosure of information about a person who is a victim of an offence or alleged offence and would cause significant distress, loss of dignity, or injury to feelings by the disclosure of the information;
- After consultation with the health practitioner of the individual concerned (where practicable), Ortho Medics is satisfied that the information relates to the individual concerned and the disclosure of health information would be likely to prejudice the health of the individual concerned;
- The individual concerned is under 16 and disclosure would be contrary to the interests of the individual;
- The information requested does not exist, or despite reasonable efforts to locate it, cannot be found;
- The disclosure of the information would involve the unwarranted disclosure of the affairs of another individual or a deceased person;
- The request if frivolous or vexatious, or the information requested is trivial.
Where Ortho Medics has good reason to refuse access to personal information, it may grant access but:
- subject to conditions relating to:
- the requestor’s use of the information; and/or
- the requestor’s disclosure of the information to any other person; and/or
- withhold some of that information, and make deletions or alterations in respect of the information that could be withheld that it considers necessary.
After giving relevant notice, and receiving any charge required to be paid in advance, Ortho Medics must make the information available to the requestor.
Personal information may be made available in one or more of the following ways:
- giving the requestor the reasonable opportunity to inspect the document;
- providing a hard copy or an electronic copy of the document;
- making arrangements for the requestor to hear or view sounds, visual images or transcripts (as applicable);
- giving an excerpt or summary of the document’s contents; or
- giving oral information about the document’s contents.
Personal information should be made available in the way preferred by the requestor unless it would:
- impair efficient administration of Ortho Medics;
- be contrary to their legal duty;
- or prejudice an interest covered by the reasons to refuse disclosure (see paragraph 7), and
If the information is not provided in the way preferred by the requestor, Ortho Medics must give the requestor the reason for not providing the information in that way, and if requested, the grounds in support of that reason (except where such grounds are paragraph (c) above).
If you wish to make a complaint about a refusal by Ortho Medics to provide access to your personal information please refer to the section ‘Making a Complaint’, below.
Correcting your personal information
Ortho Medics will take reasonable steps to correct any personal information we store to ensure that it is accurate, up-to-date, complete, relevant and not misleading where:
- We are satisfied that the personal information held needs to be corrected; or
- An individual requests that their personal information be corrected.
To make a request for your personal information to be corrected contact our Privacy Officer. Ortho Medics will respond to these requests within 20 working days (or such other time periods as are prescribed under applicable privacy laws).
Ortho Medics will provide you with reasons in writing if your request for correction is refused. To make a complaint about a refusal to correct your personal information.
Making a complaint about a breach of your rights
If you believe that a breach of your rights has occurred, you may contact our Privacy Officer. We may be able to resolve the breach by correcting or destroying your information. We will respond to your request within a reasonable time period (or such other time periods as are prescribed under applicable privacy laws).
If you wish to make a complaint about a breach of your rights, you may contact the Privacy Commissioner. An online compliant form and other contact details can be found at www.privacy.org.nz.
Are there special rules about children’s privacy?
We care about protecting the privacy of children. It is our policy never to knowingly collect or to maintain information about anyone under the age of 16 (such as a child’s name or email address). If you believe that we have collected personal information from a child under the age of 16, please contact us using the details above.
No disclosure to overseas recipients
We are not likely to disclose personal information to overseas recipients. Where we do, we will take reasonable steps to ensure that the transferee will be bound by this privacy statement and that they have appropriate safeguards in place with respect to storage of your personal information.
If you require more detailed information about our information handling practices or if you have any concerns about our handling of your personal information, please let us know by contacting us at:
- Privacy Officer
- Ortho Medics Limited
- Email: firstname.lastname@example.org
We will endeavour to respond to your concerns as quickly as possible.
Last revised: 30/04/2021