Privacy Policy 

Performance X Physiology Pty Ltd (PXP) is committed to providing high-quality services to you and this Privacy Policy outlines our ongoing obligations to you in respect of how we manage your personal information.

PXP recognises the importance of safeguarding your personal information and we respect the privacy of your personal information in our care. We are committed to maintaining and using your information responsibly.

Please review this Privacy Policy carefully. It sets out what types of information we collect, how that information is used, to whom it is disclosed to and how we safeguard it and ensure your information and privacy remains protected. 

This Privacy Policy applies to all personal information previously or currently provided to or collected by us.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your personal information.

A copy of the APP may be obtained from the website of The Office of the Australian Information Commissioner here. 

What is Personal Information? 

Personal information is information or an opinion that identifies an individual. Examples of personal information we collect include names, addresses, email addresses, phone and facsimile numbers, medical history, injury information as it relates to a third party, physical capacity data, anthropometry, Medicare and health insurance data and clinically relevant conversations with us as part of your treatment. Information or opinions may be personal information regardless of whether it is true or not.

How do we collect Personal Information?

This personal information is obtained in many ways including in an initial consultation, during other consultations, for online bookings, via online forms and outcome measures, via medical & allied health correspondence, by telephone and facsimile, by email, via our website www.pxphys.com.au, and from third parties. We can’t guarantee the content or security of website links or the privacy policy of authorised third parties.

Why do we collect Personal Information and how is it used?

We collect your personal information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your personal information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. 

You may unsubscribe from our mailing/marketing lists at any time. Please note that you must specifically opt-out of receiving any marketing or mailing materials and communicate this to us in writing. A failure to do so may result in you continuing to receive such materials from us

When we collect personal information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

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.

Sensitive information will be used by us 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.

Third Parties

Where reasonable and practicable to do so, we will collect your personal information only from you. However, in some circumstances, we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your personal information may be disclosed in a number of circumstances, including but not limited to, third parties where you consent to the use or disclosure and where otherwise required or authorised by law.

PXP does not sell and/or rent your personal information. We may share your personal information within our organisation and the members of our group of companies (including any related entity and our related body corporate as defined in the Corporations Act 2001 (Cth)).

PXP may share information that you elect to make available to the public on our website or apps or on social media pages, including user-generated content. For example, if you post a review on our website or apps, or interact with us on social media pages and elect to make it available to the public, your information will be accessible on our website or apps and our social media pages.

We may use a third-party processor or service provider (e.g. Google Analytics and MailChimp) to act on our behalves to use your personal information as described above.

For example, we may use Google Analytics to help us understand how our customers use our website or apps. If you require further information, you can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy or email us or write to us (details provided below).

You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We may also share your information with trusted companies that provide business support services to us (e.g. name and address verification, customer service, contest administration, email distribution, fraud detection, logistics and fulfilment), companies that help us market our products and services and analytics and search engine providers that assist us in the improvement and optimisation of our website or apps. These companies are not authorised to use the information we share with them for any other purpose or to send you unsolicited email. With your prior consent, we may share names and addresses from our mailing list with carefully chosen marketing partners. We may also share aggregated statistical or demographic information with third parties in a manner that does not reveal personally identifiable information.

Security of Personal Information

Your personal information is stored in a manner that reasonably protects it from misuse, loss and unauthorised access, modification or disclosure. Unfortunately, no storage system and no method of transmission of information is completely secure. Accordingly, we cannot guarantee the security of your personal information and any information you transmit to us is at your own risk.

Your personal information is primarily stored electronically. We do not store paper records at PXP and any personal information in the form of paper records given to us by you will be scanned and stored within our clinical practice software (Cliniko) with the paper version destroyed immediately using approved secure document destruction methods.

We may also store personal information using our Google Business Suite, including but not limited to, use of Google Sheets. We have taken steps within our Google Business Suite to ensure that our data storage methods meet the rigorous requirements of the Privacy Act and APPs.When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information. However, most of the personal information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Overseas disclosure

We store data we collect using a variety of methods, most commonly through our Google Business Suite and Cliniko, for which we have our own private agreements with these providers. Whilst we make every effort to ensure that these providers keep all data stored on our behalf in Australia, we cannot guarantee that the data we collect is not transferred to, stored on or accessible by a server hosted outside Australia.

Whilst we make every effort to ensure that this data is secured to the highest possible standard and is not disclosed to any third parties, you should note that countries outside Australia may not offer the same level of data protection as Australia. 

You should also note that third parties may have access rights to any server located overseas under the laws of that jurisdiction and such access may not be notified to PXP and/or you and may not require your permission. 

By providing us with your personal information, you agree to this transfer, storing or processing.

Access to your Personal Information

You may access the personal information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your personal information, please contact us in writing.

PXP will not charge any fee for your access request but may charge an administrative fee for providing a copy of your personal information to a third party with your consent.

In order to protect your personal information, we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is important to us that your personal information is up to date. We will take reasonable steps to make sure that your personal information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Social Media & Photography

We may from time to time post your personal information in the form of your image, health information and/or video on our social media accounts for the purposes of showing the services we offer and educating our followers about all the people we work with. We will only do this with your written or spoken consent and only for the purposes discussed with you in relation to your consultation with us. For anyone under the age of consent, we will take reasonable action to seek written consent from a legal parent or guardian.

Data breaches

PXP will comply with the Notifiable Data Breaches scheme in the event of a notifiable data breach.

Both the affected individual(s) and the Australian Information Commissioner will be informed of any such data breach in accordance with that scheme. 

Policy Updates

This Privacy Policy may change from time to time in order to take into account new laws and technology, changes to our operations and practices as well as the changing business environment.

We will keep you updated on the changes by posting new versions of our Privacy Policy on our website. PXP reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access our services or use this website.

Privacy Policy Complaints and Enquiries

In the event of a complaint or dispute, of if you require any further information, you may contact us via the details provided below:

Attention to: Privacy Officer

Performance X Physiology Pty Ltd

88 Bell Street

Heidelberg Heights VIC 3081

Fax: 03 8888 9950

Email: admin@pxphys.com.au

We will provide a formal written response to your complaint within 28 days of receiving your formal written complaint. We may need to ask you for new or additional information to resolve or identify your complaint, and we may reasonably extend this timeframe to account for any delays in you providing this information to us. 

If you are unsatisfied with our response, you are entitled to contact the Office of the Australian Information Commissioner for further guidance or to discuss any concerns you may still have about how we have handled your personal information. More details on how to contact the Australian Information Commissioner and what their office deals with can be found here. 

The services provided by the Office of the Australian Information Commissioner are free of charge.