Privacy of Personal Information
Purpose
EMP Onsite is committed to ensuring the privacy and confidentiality of your personal information. In this document, EMP Onsite is variously referred to as EMP, Us and We. This Privacy Policy (Policy) is intended to clearly describe how EMP handles your personal information, including its collection, use, disclosure and security, and including any personal information that we collect through our website(s). EMP complies with the Privacy Act 1988 (Cth) (Privacy Act), the associated Australian Privacy Principles (APPs) and state or territory legislation that governs how private sector health service providers should handle your personal information, including, but not limited to, health information. EMP may, from time to time, amend this Policy, in whole or part, at our sole discretion.
Consent
By providing personal information to us, you consent to us collecting, using and disclosing your personal information as described in this Policy.
Collection of personal information
Who does EMP Onsite collect personal information about?
We may collect personal information from clients, employees, contracted service providers, students and other individuals with whom we engage in the course of our usual business operations. You are not required to provide personal information to us. However, if you do not provide us with all the information we request, the services we provide to you may be affected. If you provide incomplete or inaccurate information to us, or withhold personal information from us, we may not be able to provide you with the services you are seeking, or otherwise engage with you.
How do we collect personal information?
We will usually collect your personal information directly from you by email, telephone, in writing or in person, or through our website(s).
What types of information do we collect and hold?
The type of personal information we collect about you depends on the nature of our interaction with you. The personal information we collect about you will include only the information that is:
- Reasonably necessary for us to engage with you in the usual course of our business
- Necessary to provide you with services
- Required for administrative and internal business purposes related to the services we provide to you.
The personal information we collect may include:
- Your name, age, gender, date of birth, contact details
- Health information relating to your lifestyle and medical history relevant to providing our services
- Video and photos of you working and performing functional (physical) tests
Anonymity and pseudonymity
In certain circumstances, you may have the option of not providing us with any personal details, however, this may limit the services that we can provide to you or the manner in which we engage with you. In some circumstances, it may be impracticable for us to deal with you in such an unidentified manner.
How does EMP Onsite use your information?
We will not use or disclose your personal information for any purpose other than the primary purpose for which it was collected (or a related secondary purpose). The exceptions to this are if you have consented to another purpose, or if we are permitted/required to do so by law, which may include:
- To coordinate and/or communicate with healthcare providers involved in your care
- To conduct activities related to quality assurance/improvement processes, accreditation, audits, risk and claims management, patient satisfaction surveys and staff education and training
- To fulfil regulatory and public health requirements, including liaising with regulatory or health authorities, as required by law
- To send you standard reminders (for example, for appointments for follow-up care) by text message, phone call or email to the number or address which you have provided to us
- To handle a complaint or respond to anticipated or existing legal actions
- To obtain feedback about our services or provide advice or information to you about other services, that are relevant to you
- To engage you (as a contractor) to provide products or services to us
- To consider your application for employment with us.
We may anonymise (de-identify) or aggregate the personal information that we collect for the purpose of carrying out research, quality assurance or customer service, health outcome and other business analytics. EMP Onsite may use electronic processes when we use your personal information as specified above. We will not seek your consent to use your personal information for the purposes listed above.
Use of Video / Photo for Marketing Purposes
EMP may seek your permission to use video or photos for marketing purposes. EMP will provide details of the specific video / photos and also how these will be used. You will not be penalised in any way if you do not consent to use.
Disclosure of personal information
During the course of providing services to you, or otherwise engaging with you, we may disclose your personal information to trusted third parties including:
- Other third parties or organisations, if required by, and in order to comply with, our legal obligations
- Approved and trusted contractors, under agreement, as engaged by us to provide professional services (such as information and communication technology providers)
Sensitive information is only ever disclosed for the purposes for which you gave it to us or for directly related purposes you would reasonably expect, or if you agree, for example, to handle a complaint. Our employees, and any third-party organisations engaged by EMP are required, under contract, to comply with the Privacy Act, or other relevant privacy legislation and, where applicable, our Privacy Policy.
We may use electronic processes to disclose your personal information as specified above, where available or relevant. We will not seek your additional consent to disclose your personal information for the purposes listed above.
We may enter into arrangements with other related entities or third parties outside of Australia to store, access or use data we collect, including personal information, in order to provide services to us (such as data processing, analysis, interpretation or the performance of specialised tests). In such cases, we will take reasonable steps to ensure that the third parties do not breach the APPs, including by requiring that the third party has information security measures and information handling practices in place that are of an acceptable standard and approved by us.
Website
If you use our website, we do not identify you as an individual user and do not collect personal information about you, unless you specifically provide this to us. Our website(s) may use cookies that allow us to gather anonymised statistics relating to the management of our website(s). These analytics may include, but are not limited to, your internet service provider (ISP), domain name, browser type and the pages you visit. Our website(s) and our email communications may contain links to third-party websites. We do not control these websites or any of their content and if you visit these websites, they will be governed by their own terms of use (including privacy policies). You should satisfy yourself of the personal information handling policies of third-party website operators.
Protecting your personal information
We take the protection of your personal information seriously and take all reasonable steps to ensure the information that we collect, use and disclose is accurate, secure and protected from misuse and loss and from unauthorised access, modification or disclosure.
As per EMP employment contracts, all EMP staff are required to follow all company policies, including this Privacy Policy and the EMP Code of Conduct. Deliberate or unintentional misuse of personal information, including breaches of confidentiality, are taken very seriously and are managed according to our discipline and grievance policy. All EMP staff providing healthcare / prevention services are registered health practitioners and are also required to maintain membership of the relevant professional organisation. A condition of membership is to abide by professional standards, including client privacy.
Accuracy
We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and current. To assist us, please ensure that the information you provide to us is accurate, up-to-date and complete, and let us know when your personal information changes.
Security
We will take all reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure. We use technologies and processes including, but not limited to, access controls, network firewalls, encryption and physical security measures, in order to protect your privacy. This applies to information stored electronically on in hard copy.
Retention
We will destroy or permanently de-identify any of your personal information that is no longer needed for the purposes described in the Policy, provided we are not required, under relevant accreditation standards or an Australian law, to retain the information.
Access to, and correction of, your personal information
Access
You have the right to request access to the personal information about you which is held by us. We will provide you with access to your information, unless there is a reason under the Privacy Act or other relevant law to refuse or limit such access, such as if we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or giving access would have an unreasonable impact on the privacy of other individuals. You may request access to the personal information we hold about you by contacting our Privacy Officer (see page 9). To protect your privacy, we will need you to verify your identity prior to providing access to your information. We may recover reasonable costs associated with supplying this information to you. In the specific case of obtaining access to your pathology or radiology results, the preferred method is in consultation with your treating practitioner, so that complex clinical information can be explained to you within the context of your individual circumstances.
Correcting your personal information
You have the right to request an amendment to the information we hold, should you believe it to be inaccurate. If we are satisfied that any part of the information we hold about you is inaccurate, incomplete, out of date, misleading or irrelevant, having regard for the purpose for which it is held, we will take reasonable steps to amend that information. If we do not agree to change your personal information in accordance with your request, we will permit you to make a statement of the requested changes and we will enclose this with your personal information. Should you wish to request changes to your personal information held by us, you can ask for our Privacy Officer (see page 9), who can give you more detailed information about our correction procedure.
Contacting EMP Onsite about privacy issues and complaints
If you have comments or concerns relating to this Policy, or wish to make a complaint about our handling of your personal information, please contact our Privacy Officer. We may need to verify your identity and ask for further information, in order to investigate and respond to your concern or complaint. We will aim to respond to you within a reasonable time, and generally within 21 days.
EMP Onsite Privacy Officer Contact Details
Address
The Privacy Officer,
EMP Onsite
3/148 Epsom Rd, Ascot Vale Victoria, 3032.
Email
privacyofficer@emponsite.com.au
Telephone: 1800 367 669
If we are unable to satisfactorily resolve your concern or complaint, you may wish to contact the Office of the Australian Information Commissioner (OAIC). The OAIC has the power to investigate the matter and make a determination.
If your concern or complaint relates to health information, you may also contact the relevant state or territory privacy commissioner.
Office of the Australian Information Commissioner (OAIC)
Address
GPO Box 5218
Sydney NSW 2001
Email
enquiries@oaic.gov.au
Telephone
1300 363 992
Web
www.oaic.gov.au
1. About these terms
1.1 These Terms and Conditions apply to:
· Use of EMP Onsite’s website
· Receipt of proposals or estimates
· Pre-contractual engagement discussions
1.2 These Terms do not govern the delivery of services once an MSA and Statement of Work (SOW) are executed.
1.3 By accepting a proposal or engaging EMP Onsite prior to execution of an MSA, the Client agrees to these Terms.
2. Nature of services (No medical guarantee)
2.1 EMP Onsite provides injury prevention, early intervention, workplace wellbeing, analytics, and advisory services.
2.2 EMP Onsite may also provide digital tools, software platforms, or AI enabled systems designed to support workplace injury reporting, triage, analytics, and risk management
2.3 Unless expressly stated in a signed SOW:
· EMP Onsite does not provide medical diagnosis, certification of fitness for work, or clinical treatment
· Services are preventative and advisory in nature
2.4 EMP Onsite does not guarantee:
· Prevention of injury
· Recovery outcomes
· Business or financial results
2.5 Where EMP Onsite provides AI enabled tools or digital triage systems, outputs are decision support guidance only and must not be relied upon as medical advice or clinical diagnosis
2.6 Digital platforms may be provided under license terms defined in the Master Services Agreement, Digital Platform Addendum, or applicable Statement of Work.
3. Proposals and scope
3.1 Any proposal, quotation, or estimate provided by EMP Onsite:
· Is indicative only
· May be subject to assumptions and exclusions
· Is not binding until incorporated into a signed SOW
3.2 EMP Onsite may amend or withdraw a proposal prior to acceptance.
4. Client responsibilities
4.1 The Client is responsible for:
· Providing accurate information
· Ensuring a safe workplace environment
· Complying with all applicable workplace health and safety laws
4.2 EMP Onsite is not responsible for:
· Hazards not disclosed by the Client
· Unsafe systems of work
· Failures to implement recommendations
5. Confidentiality
5.1 Each party may receive confidential information prior to execution of an MSA.
5.2 Each party agrees to:
· Keep such information confidential
· Use it only for evaluation or engagement purposes
· Not disclose it without consent, unless required by law
5.3 These obligations continue until replaced by confidentiality provisions in an executed MSA.
6. Fees and payment
6.1 Fees are as stated in the relevant proposal.
6.2 Unless otherwise agreed in writing:
· Invoices are payable within 30 days
· Fees are exclusive of GST
· Late payments may attract interest or recovery costs as permitted by law
7. Limitation of liability
7.1 To the extent permitted by law:
· EMP Onsite excludes all liability for indirect, consequential, or economic loss
· EMP Onsite’s total liability is limited to the fees paid for the relevant services
7.2 Nothing in these Terms limits any rights or remedies that cannot be excluded under the Australian Consumer Law.
8. Termination
8.1 Either party may discontinue discussions or proposed engagement at any time prior to execution of an MSA.
8.2 EMP Onsite is entitled to payment for services already delivered prior to termination.
9. Governing law
9.1 These Terms are governed by the laws of Victoria, Australia.
9.2 The parties submit to the exclusive jurisdiction of Victorian courts.
10. Relationship to other documents
10.1 If an MSA and SOW are executed:
· Those documents supersede these Terms entirely
10.2 These Terms do not create an ongoing service obligation.