Everest Practice Management Privacy Policy

Terms and Conditions of Service & Use, Privacy Policy
Please read these terms and conditions of use carefully before using this website.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.everestpm.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.everestpm.com.au and “You” and “Your” refers to you, the client, visitor, customer, patient, website user or person using our website.

Your Privacy
At everestpm.com.au we are committed to protecting your privacy as an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

At EverestPM we have the systems and procedures in place to protect you and your patients’ personal and sensitive information from misuse and loss, and from unauthorised access, modification or disclosure.

Personal information is any information that enables you or your patients to be identified. This includes you and your patients’ name, address, date of birth and contact details. We may also collect on your behalf sensitive information, including information about your patients’ illnesses, symptoms, disabilities and any information necessary to enable you to provide an efficient and professional health service.

Our Obligations
In dealing with personal and sensitive information, EverestPM abides by the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth), Privacy Amendment (Enhancing Privacy Protection) Act 2012 and the Health Privacy Principles as set out in the Health Records Act 2001 (Vic) (Privacy Principles), together with the provisions of the equivalent State and Territory legislation. Your personal and sensitive information, and the information of your patients, will always be collected and stored by fair and lawful means.

Our obligations extend to any contractors we may use in the provision of our services to you. All officers, employees and contractors of EverestPM are required to work according to the Privacy Principles and to treat personal information they may see with care and confidentiality. Any breach of these requirements would be a breach of contract.

Use of cookies
A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website.

Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

Security of the data
Our use of the Medical Software programs will ensure that electronic information, including your patients’ health records, are stored securely and access is only granted to authorised personnel. Similarly, we have systems in place to ensure the protection of hard copy information in accordance with the Privacy Principles. Therefore, your and your patients’ information is protected against loss, unauthorised access, use, modification, disclosure or any other misuse. We comply with Data Breach Response and Notification Procedures.

Making sure your data is accurate
We will ensure that record keeping is accurate and up-to-date to enable you to conduct your practice at a highly professional standard. You must inform us of changes to your information and we will endeavour to update our records as soon as practicable. We may also contact you or take other reasonable steps to ensure that your information is accurate, complete and up-to-date.

Accessing the data
We may be able to assist you in circumstances where your patients request access to their data. There may be reasonable administration costs involved in assisting you to provide them with such access, which we will inform you of as soon as practicable. In special circumstances, under the applicable provisions of privacy legislation dealing with access to documents, you may refuse a patient access to their records.

Amendment Of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.everestpm.com.au‘s rights and obligations to each other.

Limitation Of Liability
It is an essential pre-condition to you using our website that you agree and accept that www.everestpm.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Monthly Service Fee
By purchasing a Monthly service fee, you agree to an initial and recurring Monthly fee at the then current Monthly service rate, and you accept responsibility for all recurring charges until you cancel your service. You may cancel your Monthly service at any time, subject to the terms of our Termination and Cancellation terms and policies. Once you elect to use the service and accept the service fee and rate, we will automatically process your Monthly Service fee in the next billing cycle. You agree that we will continue to automatically process your Monthly Use rate, until you cancel your service with us. Please refer to the Cancellation/Termination section on the Terms and Conditions of the signed contract.

Restriction on use
The rights granted to you by these Terms and Conditions will remain in force for as long as these Terms remain in effect. You may not transfer, assign, commercially exploit, re-sell, sublicence or provide access to this Service to any third party and you agree to use this Service only for your personal and non-commercial purpose. No part of this Site or Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted without our express consent in writing which may be withheld absolutely and in our sole and unilateral discretion. You agree not to use this Site or Service to (a) violate any local, State or National or International laws; (b) stalk, harass, harm, threaten, or intimidate another individual; (c) collect or store personal data about other users; (d) impersonate any other person or entity or misrepresent or misrepresent your affiliation with a person or entity; (d) interrupt or disrupt the Service or disobey any requirements, procedures, policies or regulations of the networks or guidelines and prescriptions associated with this Service. You promise and undertake that you voluntarily provide and will provide to the site and any medical practitioner, health care professional or authorised person of ours as a condition of Service true, accurate, complete and current information relating to you or which affects you.

Return & Refund Policy

Competition And Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.everestpm.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the service to you again; or the payment of the cost of having the service supplied to you again.

You must be over 18 years of age to use this website and to purchase any services.

Links To Other Websites
www.everestpm.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.everestpm.com.au and the owners of those websites. www.everestpm.com.au takes no responsibility for any of the content found on the linked websites.

www.everestpm.com.au’s website may contain information or advertisements provided by third parties for which www.everestpm.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

Disclaimer
To the fullest extent permitted by law, www.everestpm.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.everestpm.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of www.everestpm.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your State or Territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

Your Privacy
At www.everestpm.com.au , we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. www.everestpm.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully as set out in the subheading below.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. www.everestpm.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data www.everestpm.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Third Parties
www.everestpm.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

Disclose Your Information
www.everestpm.com.au may be required, in certain circumstances, to disclose information in good faith and where www.everestpm.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

There may be circumstances where we are obligated by the law to disclose you or your patients’ information, including circumstances where:

1. a) presentation of medical records is subpoenaed by a court;
2. b) compulsory reporting is requested by Government Authorities (such as registration of births, deaths, diseases and treatments); and
3. c) reporting of information regarding health services is required by the Department of Human Services.

Exclusion Of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.everestpm.com.au.  www.everestpm.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.everestpm.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.everestpm.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

Copyright, Trademark And Restrictions Of Use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

www.everestpm.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Whole Agreement
These terms and conditions represent the whole agreement between you and www.everestpm.com.au concerning your use and access to www.everestpm.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Exclusion Of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Jurisdiction
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and www.everestpm.com.au that results in litigation, then you must submit to the jurisdiction of the courts of NSW.

Privacy Policy & Collection of Data

1. What personal information do we collect or process?
Everest Practice Management may collect a minimum range of information depending on how extensively you use our service. This information may include basic information such as name, email address, phone number or business address.

2. Why do we collect or process personal information?
The information collected and stored by EverestPM is for a purpose that is lawful and directly related to the activity of EverestPM – that is, to provide support to your health service. Information is obtained for the following purposes and all purposes associated with them:

a) to provide your practice with reception, administration, marketing and billing services;

b) to schedule/reschedule or cancel appointments and medical procedures for patients;

c) to take all relevant patient identification details and input them directly into your Medical Software data files and systems.

Information will be collected directly from you or your patients unless you make EverestPM aware of incoming information from third parties, such as pathology or x-ray results.

3. Which third parties do we share personal data with?
We will only share this information if required by law.

4. What are the categories of personal information we share with third parties?
We only share basic information with third parties for the purposes of contacting you or providing the service. This information is not shared further than for this purpose. This information may include name, email, phone number and business address.

5. How do we keep your personal information we collect or process secure?
We use secure cloud infrastructure provided by Microsoft Azure with industry standard approaches to encryption in transit and at rest, multi-factor authentication, permissions-based access controls and comprehensive cloud monitoring and security measures

6. How long do we retain personal data?
Personal data as stipulated above is retained for 10 years or as required by law.

7. How do you exercise your rights?
You can exercise your writes by writing to us at either of the emails in the next section.

8. How can you contact us?
You can send an email to: [email protected]