Clarity Genetics (we, our or us) is committed to protecting the privacy and rights of individuals in relation to their personal information. This document is Clarity Genetics’s Privacy Policy and applies in respect of the information collected and used by both Clarity Genetics and our partners. This policy has been developed in accordance with the Privacy Act 1988 (Cth) (Privacy Act). Clarity Genetics also complies with the Health Privacy Principles as set out in the Health Records Act 2001 (Vic) where applicable.
This Privacy Policy explains how Clarity Genetics handles personal information relating to individuals with whom Clarity Genetics interacts, including customers, medical professionals, consultants and contractors (referred to in this policy as you). This Privacy Policy does not apply to our handling of employee information.
The expression “personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable (directly or indirectly). This may include your name, address, telephone number, email address, online identifier (such as an IP address) and your profession or occupation.
Some personal information is also “sensitive information.” Sensitive information has the meaning given by the Privacy Act. Sensitive information is information about your racial or ethnic origin, your political opinion, your political association, your religious beliefs/affiliations, your philosophical beliefs, whether you are a member of a trade or professional association or trade union, your sexual orientation/practices, your criminal record or your health information (including genetic information or biometric information).
“Health information” is a type of both personal and sensitive information. It includes information or an opinion about:
For the purposes of this Privacy Policy, a reference to personal information should be read as including sensitive and health information, unless otherwise specified.
We only collect personal information if it is necessary for one or more of our functions or activities. We will store your information on our practice management system (Gentu and Kawaconn). We may collect the following types of personal information:
Where the personal information is also sensitive information (including health information), we will only collect it with your prior consent.
Sometimes, we may receive personal information which we did not ask for (i.e. unsolicited information). If this occurs, within a reasonable period of time we will determine whether we could have collected the information by seeking it from you. If we determine that we could not have collected that information from you, we will destroy the information or de-identify it where it is lawful to do so.
We may also collect information from time to time that is not personal information because it does not identify you or any other individual. For example, we may collect anonymous answers to surveys or aggregated information about how people use our website and services.
We collect your personal information directly via telephone, facsimile, email, post or via our website. We may also receive information via an intermediary we have a relationship with such as a doctor, healthcare provider or other service provider.
If we collect your personal information from someone other than you, we will take reasonable steps to ensure that you are or have been made aware of what information has been collected, and the purpose of that collection. When collecting personal information from you, we may collect it in ways including:
We will only collect and/or use your personal information (including health information) to the extent that this is necessary for one or more of the following activities:
We only collect such personal information that we need for these primary purposes or for other (secondary) purposes that are related to a primary purpose. If we hold personal information about you that was collected for a particular purpose (i.e. one of the purposes listed above, being the primary purpose), we will not use or disclose the information for another purpose (i.e. a secondary purpose) without your consent, unless you would reasonably expect us to use it for the secondary purpose, or it is required by law.
You have the right to withdraw your consent at any time but it will not affect the lawfulness of processing based on consent before its withdrawal. This withdrawal may also impact on our ability to provide our services to you and may result in us cancelling the request for services.
Consultations and certain genetic tests are billed against Medicare for a rebate. You will be asked to provide your Medicare number as part of the registration process so we can request a rebate if you are eligible.
In relation to the use of your personal information to provide you with information about our programs and activities, you may at any time request us to not provide you with any direct marketing and fundraising communications or publications. We will provide you with a simple means to opt-out of receiving such correspondence from us.
You may elect to opt-out from receiving direct marketing information at any time by contacting us at the contact details below or, in the case of electronic correspondence, by selecting any unsubscribe option.
Contact email: claire@claritygenetics.com.au
In relation to sensitive information, we will not use or disclose this for the purpose of direct marketing unless you have expressly consented.
You have the right to not identify yourself, including the right to not provide us with your personal information.
If you do not provide us with the personal information described above, we may not be able to provide the requested services to you, either to the same standard or at all, and we may not be able to provide you with information about services that you may want, including information about related services.
In order to protect the privacy of children, we require parental or guardian consent for all children under the age of 18 for testing purposes and to be able to use their personal information. No sample or information will be handled without this explicit consent. If this consent is not provided, we will promptly remove any personal information provided from our database.
We will take reasonable steps to protect all personal information that we hold from misuse or loss and from unauthorised access, modification or disclosure. Clarity Genetics has a strict password policy and all file sharing between us and third parties is password protected. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified by us when it is no longer needed for the primary purposes (or any related secondary purposes) set out in this Privacy Policy and the destruction is permitted by law.
Security risks are mitigated through our commitment to de-identifying or destroying any personal information which is no longer required, where possible and permitted by law. You should be aware when using our website that no data transmission over the Internet can be guaranteed as totally secure. Although we strive to protect such information, we do not warrant the security of any information that you transmit to us over the Internet (including through our website), and you do so at your own risk.
We may provide your personal information (including your health information), to:
We may be required, from time to time, to disclose your personal information in countries outside where you are located for performance of the activities detailed in section 4 of this Privacy Policy. When you provide us with your personal information, you consent to such disclosure as reasonably necessary.
Notwithstanding this, we will take reasonable steps to ensure that the receiving person or organisation is subject to a law, binding scheme or binding contract that provides substantially similar protection to the Privacy Act which you can access and enforce.
We will also take reasonable steps to ensure that the overseas recipient protects your privacy in a manner consistent with this Privacy Policy and requirements of the Privacy Act. To the extent that it is reasonable and practical for us to do so, we will use reasonable endeavours to de-identify any personal information prior to overseas disclosure.
You have a right to seek access to, and correction of the personal information we hold about you.
You may request access to any personal information we hold about you at any time by contacting Clarity Genetics. Where we hold information that you are entitled access to, we will take reasonable steps to provide you with suitable means of accessing it.
There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
We will take reasonable steps to ensure that any personal information that we have collected is accurate, up-to-date and complete. We will also take reasonable steps to ensure that any personal information we use or disclose is accurate, up-to-date, complete, and relevant having regard to the purpose of the use or disclosure.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider whether the information requires amendment. If we agree, we will take reasonable steps to correct the information held. In some circumstances where we correct or update a record, we may still require retention of the original record. We then will provide reasons for our decision in writing and add a note to the personal information stating your requested amendment.
If we provide links through our website to third-party websites, plug-ins and applications, we are not responsible for the content, privacy policy and practices of the other organisation. You should familiarise yourself with the privacy policies of any such third parties autonomously.
The following is a summary of your rights given under the General Data Protection Regulation, noting that these rights are subject to certain exceptions:
To request any of your above rights, please contact us using any of the methods provided at the end of this policy.
If you believe that your privacy has been breached, please contact Clarity Genetics (see details in section 15 below) and provide details of the incident so that we can investigate it.
We require any complaint to be made in writing first. We will then endeavour to acknowledge receipt of your complaint within 7 business days. If we are unable to resolve your complaint to your satisfaction, a complaint can also be made to the Office of the Australian Information Commissioner.
We reserve the right to change, modify or update this Privacy Policy from time to time by publication of the revised version. Any revision to our Privacy Policy will be published on our website. The revised version shall take effect immediately upon publication.
If you have an enquiries about
We will treat your enquiry or complaint confidentially. One of our staff will contact you within a reasonable time after you have made contact with us to discuss your enquiry or complaint and outline options regarding how it may be dealt with. We will aim to ensure that any complaint is resolved in a timely and appropriate manner.
The refund policy applies to the following purchases; tests or services purchased from Clarity Genetics.
Under the Australian Consumer Law: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the goods you are entitled
If the failure with the service does not amount to a major failure you are entitled to a re-supply of the goods with a reasonable time, or to cancel the purchase and be provided with a refund of any price paid.
We offer refunds and replacements in accordance with the Australian Consumer Law.
In the event that you receive the products and services you have purchased, as stated, but that you simply change your mind, we may, at our discretion, offer you a refund or exchange, provided that:
In the event that the product you ordered has been damaged during delivery:
Notwithstanding the other provisions in this policy, we may refuse to provide a replacement or refund for a product or service purchased by you if:
In the event that the product you have purchased fails to meet one or more Consumer guarantees under the Australian Consumer Law, we shall bear any cost of shipping a replacement of the said product (“The Returned Product”) to you.
We aim to process any requests for returns or refunds (if applicable) within 5 business days of receipt.
Our Websites are controlled and operated by Clarity Genetics. Clarity Genetics makes no representation that materials in our Websites are appropriate or available for use in all locations worldwide. If you are accessing the Website from outside Australia, you are solely responsible for compliance with any local laws, if and to the extent local laws are applicable. Access to our Websites from jurisdictions where the contents of our Websites are illegal or penalised is prohibited.
If you are a non-Australian user, you acknowledge and agree that Clarity Genetics may collect and use your information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. Australian law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that you consent to the transfer of such information to Australia or other jurisdictions with different, and in some cases, lower levels of protection for your information. If you do not consent to such transfer, please do not use our Websites.
