Oqea Privacy Terms
In these terms the following definitions are used:
Oqea is the digital health and wellbeing platform that provides collaboration and communication options for individuals and providers. It is not a medical device (it is not intended to diagnose, treat, monitor, alleviate or cure illness or disease).
Care Team means a group of people consisting of an Individual and that Individual’s Providers and Supporters access to which is controlled by the Individual.
Individual means the individual whose Personal Information is shared using the Oqea Platform and to whom a Provider provides health or other services and to whom a Supporter provides support.
Personal Information means the personal information of an Individual (which includes information of a sensitive nature relating to the health and well-being of the Individual) or the personal information of a Provider or a Supporter, which is shared in using the Oqea Platform and includes information relating to the health and other services provided to the Individual by Providers.
Privacy Laws means any applicable laws or legislation relating to privacy, data protection or the protection of confidential information including (without limitation) the Privacy Act 1988 (Cth), My Health Records Act 2012 (Cth) and common law and equitable rights relating to the protection of confidential information.
Provider means a person providing health or other services to an Individual and includes the company or other legal entity providing the services and the individual practitioner providing the services.
Supporter means a person providing support to the Individual and includes any company or other legal entity providing support and any individual providing support.
Where you are the Individual, you consent to the sharing of your Personal Information with Providers and Supporters within your care team on the Oqea Platform. It is your responsibility to ensure that your privacy settings are maintained and kept up to date such that your Personal Information is shared only with Providers and Supporters selected by you. Personal Information of any person in the care team is shared with you as an Individual on the basis that it is to be kept and used in accordance with your legal obligations under Privacy Laws.
Where you are a Provider, the Personal Information of any person in a Group is shared with you on the basis that it is to be kept and used in accordance with your legal obligations under Privacy Laws and your ethical duties as a health services or other provider.
Where you are a Supporter, the Personal Information of any person in the care team is shared with you on the basis that it is to be kept and used in accordance with your legal obligations under Privacy Laws. You must not collect, store, use or disclose any Personal Information provided to you except in providing support to the Individual and in accordance with the direction of the Individual.
Where you provide your Personal Information to the care team in using the Oqea Platform as a Provider or Supporter, you consent to the sharing of your Personal Information with other persons within the care team.
Where a Provider or Supporter leaves the care team (either by choice or where the Individual excludes the Provider or Supporter from the Group) such a Provider or Supporter will no longer have access to that Group. Where you are such a Provider or Supporter, Your shared activity and Material (including your Personal Information) will be retained in the records of the Group activity.
You acknowledge and agree that data and information relating to your use of the Oqea Platform may be used by Oqea for the purpose of improving the delivery of the Oqea Platform. In so doing, Oqea may use Personal Information provided that it is de-identified and aggregated with the Personal Information of other users.
Oqea will provide updates and upgrades as part of improvements and maintenance of the platform. You will be provided marketing material from time to time and you will have the option to unsubscribe by following the directions.
As a provider or a member, you agree to be contacted by Oqea to participate in activities e.g. research and co-design) that will enhance the platform and features to meet the needs of users. Participation will be based on your consent.
These terms form part of the User Agreement agreed to by you at the time you sign up to use the Oqea Platform and as amended from time to time.
Making a complaint
If you think we have breached the Privacy Act, or you wish to make a complaint about the way we, or members of the care team have handled your personal information, you can contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint.
We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, please access this website for further assistance: https://privacy.org.au/resources/dealing-with-privacy-invasions/complaints/#WA
Last Updated: 16 June 2022