Ludda Care Pty Ltd is committed to ensuring that your privacy is respected in accordance with the Australian Privacy Principles. This policy sets out how we aim to protect the confidentiality of personal and sensitive information, rights in relation to personal and sensitive information managed by Ludda Care Pty Ltd and the way in which we collect, use, disclose and access personal and sensitive information. By providing personal or sensitive information to Ludda Care Pty Ltd, you consent to its use, storage and disclosure in accordance with this Privacy Policy (Privacy Sector Act 2000).

1. Definitions

Personal Information

‘Personal Information’ is information or an opinion that could identify an individual whose identity is reasonably apparent or can be reasonably ascertained from the information or opinion. This definition applies whether the information is accurate and whether or not it is recorded in material form.

Sensitive Information

‘Sensitive Information’ is a form of personal information or an opinion about an individual that is given a higher level of privacy protection than other personal information. It can include information such as but is not limited to, medical history, or racial and ethnic origin. Given the nature of Ludda Care Pty Ltd’s business, we may collect sensitive information where it is reasonably necessary.

When will we collect your Personal Information?

• When your details are provided to Ludda Care Pty Ltd in an Application for Services, a Consent Form, Survey, Feedback Form or Incident report and entered into online Systems and Databases
• From a Participant receiving service from of Ludda Care Pty Ltd or a resident at a Ludda Care Pty Ltd Accommodation
• When contact is made via Email, Telephone, or there is engagement via Social Media Services or Electronic Platforms
• When you participate in any Program, Activity or Event organised or authorised by Ludda Care Pty Ltd
• When you apply for employment with Ludda Care Pty Ltd
• If you are elected or appointed to the Board or a committee of Ludda Care Pty Ltd.
• When there is need for review and investigation of feedback or complaints

2. Data Collection

What type of Personal Data will we collect?

Ludda Care Pty Ltd considers the collection of relevant, personal data as vital to the provision of individualised, quality care. Information is collected throughout each phase of health intervention, treatment and health research initiatives that often extend beyond the participant’s contact.

The Information we collect about a particular person will vary depending on the circumstances of collection. It may include, but is not limited to;

• A person’s contact details, including Name, Email, Postal Address and Phone Number
• Date of Birth, Gender, Religion
• Driver’s Licence number
• Centrelink/Pension Details
• Passport/ Birth Certificate details
• Superannuation Details
• Employment History- Previous Employers, Qualifications

Sensitive Information usually is private and may include, but is not limited to;

• Racial or Ethnic Origin
• Religious Beliefs or Philosophical Beliefs
• Sexual Orientation or practices
• Information about your Health or Genetic Information
• Political opinions or associations
• Criminal record
• Some aspects of Biometric Information

Ludda Care Pty Ltd Website

Information is automatically collected using the Ludda Care Pty Ltd Website.

We may use Temporary Session Cookies or Permanent Cookies when you access our website. This allows us to recognise your browser and track the web pages you have visited. Cookies are small text files that websites may place on your computer or device. Most often, cookies are used to recognise recurring users of websites and remember user preferences. Cookies are also used to allow the Website to track usage behaviour and aggregate data to allow Ludda Care Pty Ltd to customise customer satisfaction on our Website.

The data may be used and disclosed by Ludda Care Pty Ltd for purposes including statistical analysis and to assist Ludda Care Pty Ltd in improving the functionality and usefulness of marketing materials, including the Website. However, you have the control to switch off cookies by adjusting the settings on your web browser. Services that our Website may use from time to time include Google Analytics, a service that transmits website traffic data to Google servers in the United States.

Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports from Google Analytics to help us understand website traffic and webpage usage. By using our Website, you consent to Google’s processing of data about you in the manner described in Google’s most updated version of its Privacy Policy (located on the Google website) and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

We regularly develop and improve our use of online technologies and make rational efforts to ensure that this Privacy Policy and related documents are up to date.

We are regularly developing and improving our use of online technologies, and make rational efforts to ensure we keep this Privacy Policy and related documents up to date in this regard.

3. Storage, Security and Protection of Information

Security of Personal Information is essential to Ludda Care Pty Ltd. We store information in different ways, including hard copy and electronic form. Additionally, hard copy versions are kept in secured areas to which only staff have access, and any hard copy information is stored securely at our head office. We have taken steps to protect our data from misuse, loss, unauthorised access, modification, or disclosure. We manage the security of your personal information through strict confidentiality requirements of our employees and service providers and security measures for system access and our website. Information we collect from and about individuals may be stored electronically on multiple databases and combined or linked with other information held about you to provide our services, such as billing, communication and provision of care. In addition, all stored customer information is protected from unauthorised access using secure passwords and usernames or other security procedures.

4. Use of Personal Information

At Ludda Care Pty Ltd, we hold your personal data in the highest regard. We use it only for the purposes for which it was collected and within reasonable expectations (and as otherwise required, permitted or authorised under law). We may state a more specific purpose when we collect your information.

Ludda Care Pty Ltd may use Personal Information to:

• Verify Identity
• Complete Background Checks
• Operate and Administer our Services and other Functions/Programs relating to our services
• Provide Information and Communications about our Services and Ludda Care Pty Ltd
• Comply with all Laws and Regulations
• Respond to Emergencies involving or requiring medical treatment.

We may use Health Information to ensure that our services and any programs that we operate are conducted safely and in accordance with Participants’ special health requirements. Health Information may also be kept for insurance purposes. In addition, we may use health information and other sensitive information to carry out research, prepare submissions to the government, or plan programs or activities.

Marketing and Opting Out

We may use non-sensitive personal information to provide better services and for marketing purposes (including disclosing such information to service providers). Please contact our Practice Manager to opt out of receiving emails, SMS, or post-marketing or communications materials.

5. Disclosure of Personal Information

Ludda Care Pty Ltd may disclose Personal Information to:

• State/Commonwealth Governments or their Agencies or Statutory/Regulatory bodies, Hospitals or other Health Care settings and Health Professionals
• Companies we engage to carry out functions and activities on our behalf
• Our professional advisers, including our Accountants, Auditors and Lawyers
• Our Insurers
• Organisations or in other circumstances permitted by Law.

Cross Border Disclosure

Currently, there are no occasions when Ludda Care Pty Ltd discloses personal information to an overseas entity. In such a circumstance, we will endeavour to ensure such parties are subject to a law, binding scheme, or contract that effectively upholds principles for fair handling of information suitably similar to the Australian Privacy Principles.

Other Disclosures

In addition, we may also disclose Personal Information:

• With expressed or implied consent
• When required or authorised by Law
• To an Enforcement Body, when reasonably necessary
• To lessen or prevent a threat to an Individual or Public Health or Safety
• Where a permitted health situation exists

Instances where Personal Information may be disclosed broadly include:

• Compliance with Statutory Obligations
• Arrangements for Insurance
• Progressing Insurance Claims and meeting Occupational Health and Safety Obligations

Disclosure of Personal Information to the following Third Parties (as applicable in the circumstances):

• Established Contractors or Subcontractors that provide services to us, for example, Businesses, Printers, Market Research Companies or other Service Providers
• We generally ensure that such organisations are contractually required to ensure that the information we disclose is used only for the limited purposes for which we provide it, as specified in your application for employment or to join us

For the purposes referred to above in this Privacy Policy, you acknowledge and agree that we may disclose personal information, and you consent to us disclosing such Personal Information to:

• Third parties engaged by us to perform functions or provide products or services on our or their behalf, such as mailouts, Marketing, or Advertising.
• Third parties that sponsor or promote us.
• To conduct Employment Arrangements, Personnel Development and Management Responsibilities.
• We need to meet our legal obligations, such as the requirement of obtaining Criminal Record checks for Employees involved in providing care to our Participants and workplace law obligations.
• Our professional advisors include our Accountants, Auditors, and Lawyers.
• Persons authorised by you to receive information held by us; and any persons as required or permitted by any law.

6. Accessing and/or correction of Personal Information held by Ludda Care Pty Ltd

We will take all reasonable steps to ensure that the Personal Information we collect, use, or disclose is accurate, complete, up-to-date, relevant, and not misleading. We rely on the accuracy of personal information provided to us both directly and indirectly.

A Personal Information request is made by completing a ‘Request for Access to Personal Information’ provided to you.

To protect your privacy, Ludda Care Pty Ltd will not process a request for access to Personal Information without Proof of Identification, and when a request for information is on behalf of another person, you must be their Authorised Representative or Legal Representative if the person is deceased. We may require you to comply with specific procedures before we allow access to or amendment of your personal information to ensure the integrity and security of the information that we hold.

We are not required to allow access to your Personal Information if:

• We reasonably believe that giving access would pose a severe threat to the life, health or safety of any individual or to Public Health or Public Safety
• Giving access would have an unreasonable impact on the privacy of other individuals; the request for access is deemed frivolous or vexatious
• The information relates to existing or anticipated legal proceedings between you and us and would not ordinarily be accessible by the discovery process in such proceedings
• Giving access would reveal our intentions in relation to negotiations with you in a way that would prejudice those negotiations; giving access would be unlawful
• Denying access is required or authorised by or under an Australian Law or a Court/Tribunal Order
• We have reason to suspect that unlawful activity or misconduct of a serious nature relating to our 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
• Giving access would be likely to prejudice one or more enforcement-related activities conducted by, or on behalf of, an Enforcement Body
• Giving access would reveal internal evaluative information in connection with a commercially sensitive decision-making process

If you request access to personal information, we will:

• Respond to your request within a reasonable period
• If reasonable and practicable, give access to the information as requested.

If we refuse to give you access to the personal information because of an exception or in the manner requested by you, we will provide you with a written notice that sets out at a minimum:

• our reasons for the refusal (to the extent it is reasonable to do so)
• and – the mechanisms available to complain about the refusal.

A fee will be charged to prepare the requested information to cover costs such as staff time and photocopying. This fee will be discussed before the information is prepared and provided. We will respond to your request within a reasonable period, usually within 30 days. If it is found that the personal data we hold needs to be updated, complete or updated, we request notification, and the details will be amended accordingly.

7. Resolving Privacy Issues and Complaints

Any issues or complaints regarding the collection, use, disclosure, quality, security, and access to personal information may be made to Ludda Care Pty Ltd. We will respond to a complaint within a reasonable period and attempt to resolve it.

If you have a complaint about how we collect, use, disclose, manage, or protect your personal information or otherwise consider there may be a breach of the Privacy Act, we urge you to contact us in writing. We treat all complaints with the utmost seriousness and are committed to resolving them within a reasonable timeframe, usually 14 days or as soon as practicable. However, in some complex cases, resolution may take longer.

Once the complaint has been received, we will try to resolve the matter in several ways:

• Request for Further Information: We may request further information from you. Anticipate providing us with as much information as possible, including details of any relevant dates and documentation. This will enable us to investigate the complaint and determine an appropriate solution, and details provided will be kept confidential
• Discuss Options: We are committed to reviewing options for resolution with you. If you have suggestions about how the issue might be resolved, we encourage you to raise these with our manager. Your input is highly valued in the resolution process
• Investigation: The complaint will be investigated within a reasonable time frame. We may be required to contact others to proceed with the investigation, which may be necessary to progress your complaint
• Conduct of Our Employees: If your complaint involves the conduct of our employees, we will raise the matter with the employees concerned and seek their comments and input in the resolution of the complaint

If we are unable to resolve a complaint or the complainant is unsatisfied with the outcome, contact the Office of the Australian Information Commissioner by phoning 1300 363 992 or visit the website www.oaic.gov.au to lodge a complaint.