Qscan Referrer Access Confidentiality and Privacy Terms

This portal is provided to you by [Qscan Services] (“Qscan”).

The use of the Portal by a person (“you”) is subject to these Access, Confidentiality and Privacy Terms (“Terms”).  You must comply with these Terms in using the Portal.

1. Access

(a) To be eligible to register to access, and to access, the Portal, you must be a registered healthcare practitioner.

(b) Qscan has the sole right to determine your eligibility for access and the level of services available via the Portal.

2. Confidentiality

2.1 Obligations of confidentiality

(a) You must ensure that all information that you access, view and/or upload in the Portal (including current and historical scans and records) (Qscan Information) is:

(i) kept in the strictest confidence;

(ii) only used and disclosed for the purpose of you providing an authorised medical service to the patient in relation to whom the Qscan Information relates (Approved Purpose); and

(iii) subject to clause 2.1(a)(ii), not used or modified for your own use or benefit or the use or benefit of any third party.

(b) You must co-operate with Qscan in any action Qscan may take to protect the confidentiality of the Qscan Information.

2.2 Exceptions

The obligations of confidentiality under clause 2.1(a) do not apply to any disclosure of Qscan Information by you that is necessary to comply with any law.

3. Use and Security

3.1 Use

You must not use or attempt to use the Portal to access Qscan Information related to a person other than a patient in relation to whom you provide care.  Browsing through patient records or accessing records that are not required by you to perform a medical service for your patient is strictly prohibited.

3.2 Security

(a) You must not share your personal identification code and password to access the Portal with any third party other than with any personnel who you are directly responsible for in your clinical practice (Responsible Persons).

(b) If you share your personal identification code and password to access the Portal with a Responsible Person, you must ensure that they read a copy of these Terms and comply with these Terms as if that Responsible Person was you. You are solely responsible for your personal identification code and password to access the Portal including any actions taken by any Responsible Person with whom you may share your personal identification code and password.

(c) You must take all reasonable steps to protect your personal identification code and password and the privileges assigned to you by Qscan.  This includes:

(i) logging out of your secure session before you browse away from the Portal, when your work is complete or before you leave your computer unattended; and

(ii) changing your password if you have any reason to believe that another person (other than a Responsible Person) is aware of your password.

(d) You must not permit another person to access or alter Qscan Information in the Portal under your personal identification code after you have logged into the Portal other than a Responsible Person.

(e) You must take all reasonable steps to protect all Qscan Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure.

(f) You must immediately notify Qscan:

(i) of any improper and/or illegal activities which include using the Portal for abusive and/or malicious communications;

(ii) of any known or suspected unauthorised use of your personal identification code and password including loss, theft or unauthorised disclosure of your personal identification code and/or password; and

(iii) if you become aware of any potential, suspected or actual breach of these Terms or any infringement or potential or suspected infringement of Qscan’s rights arising out of these Terms (including by a Responsible Person).

(g) You acknowledge and agree that Qscan:

(i) tracks and audits your use of the Portal including the records and images that you access through the Portal; and

(ii) may use the information described in clause 3.2(g) (i) to audit your use of the Portal and your compliance with these Terms.

4. Privacy

4.1 Definitions

In this clause 4:

(a) Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth); and

(b) Privacy Laws means all laws, regulations and guidelines relating to the privacy, confidentiality or use of any information about individuals, including the Privacy Act 1988 (Cth), the Health Records and Information Privacy Act 2002 (NSW), the Health Records (Privacy and Access) Act 1997 (ACT) and the Health Records Act 2001 (Vic).

4.2 Your obligations

You must:

(a) comply at all times with Qscan’s privacy policy which can be accessed here: https://qscan.wpengine.com/privacy-policy/

(b) comply with all Privacy Laws for the collection, storage, use and disclosure of Personal Information;

(c) only use and disclose Personal Information disclosed to you by Qscan for the Approved Purpose

(d) not do anything with any Personal Information collected or accessed by you in connection with the Portal that will or could cause Qscan to breach any Privacy Laws or its privacy policy;

(e) co-operate with Qscan to resolve any privacy complaint associated with your use of the Portal; and

(f) immediately notify Qscan of any unauthorised or inappropriate access, collection, use or disclosure of Personal Information disclosed to you by Qscan.

4.3 How Qscan handles your Personal Information

Qscan complies with the Privacy Act 1988 (Cth) to ensure that your Personal Information is protected.  Qscan may collect and use your Personal Information to perform its functions and activities including to:

(a) provide you with access to, and operate and maintain, the Portal;

(b) receive and action requests from you to render diagnostic imaging services to your patients;

(c) review, develop and improve our functions and activities and business processes including the Portal;

(d) track and audit your use of the Portal;

(e) undertake market research, review referral patterns and perform statistical analysis;

(f) contact you for follow up purposes; and

(g) resolve any legal and/or commercial complaints or issues.

If you provide your email address or mobile number, unless you tell Qscan otherwise, Qscan may contact you (including by text) for any of the purposes outlined in this clause.

Qscan will collect your Personal Information directly from you where it is reasonable and practicable to do so.  However, Qscan may also collect your Personal Information from patients or other healthcare professionals.

If you do not provide the Personal Information requested of you to Qscan, you may be unable to access the Portal.

Qscan will engage other persons or organisations to assist Qscan in carrying out the above purposes such as software providers, IT service providers, data storage providers, communications providers, medical reporting service providers and medical transcription service providers. Your Personal Information may be disclosed to such persons or organisations for these purposes.  Your Personal Information may also be disclosed to organisations that are funding the provision of our health services to your patients such as government organisations (including Medicare Australia) and private health insurers; our related bodies corporate; regulatory authorities; Courts, Tribunals or the police as required or authorised under an Australian law; or parties involved in a prospective or actual transfer of our assets or business.

Please refer to Qscan’s Privacy Policy at https://qscan.wpengine.com/privacy-policy/ for  more information about how Qscan handles Personal Information including how to seek access to or seek to correct Personal Information, or submit a privacy complaint and how that complaint will be handled. Please contact the Quality Coordinator in relation to any queries about the manner in which Personal Information is handled by Qscan.  The contact details for the Quality Coordinator are:

Phone: (07) 3357 0970

Email: quality.management@qscan.com.au

Address:  PO Box 222 RBH Post Office Herston Q 4029

5. Ownership of Qscan Information

You acknowledge that:

(a) the Qscan Information is and remains the property of Qscan; and

(b) these Terms do not give you any right or interest, including any intellectual property rights, in the Qscan Information other than the right to use it strictly in accordance with these Terms.

6. Indemnity

You indemnify and must keep indemnified Qscan against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against Qscan or which Qscan may pay, sustain or incur as a direct or indirect result of any breach by you of these Terms.

7. Remedies

You acknowledge and agree that:

(a) monetary damages may be an insufficient remedy for Qscan if you breach these Terms; and

(b) in addition to any other remedy that may be available in law or equity, Qscan may seek injunctive relief to prevent any actual or threatened breach of these Terms and to compel specific performance of these Terms.

8. Suspension and termination

Qscan may at any time suspend or terminate your access to the Portal if, in Qscan’s opinion, you:

(a) breach these Terms;

(b) commit any dishonest or fraudulent act in relation to these Terms or the Portal;

(c) behave in a manner which in the reasonable opinion of Qscan may adversely affect the reputation or public image of Qscan; or

(d) infringe any privacy or confidentiality right of Qscan or any other party.

Upon termination of your access:

(a) your personal identification code and password will be cancelled and you will no longer be able to, or entitled to, access the Portal; and

(b) any provisions of these Terms, which by their nature would be expected to survive termination, will survive and remain in full force and effect in accordance with their terms.  These will include, without limitation, clauses 2, 4, 5, 6, 7 and this sub-paragraph (b).

9. General

(a) These Terms are governed by and must be construed in accordance with the laws of Queensland.

(b) You submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance or subject matter.

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