Maxx Pharma Medical Oriented Personal Information (MOP) Privacy Policy

Policy Purpose

The purpose of this Medical Oriented Personal Information Policy and its associated procedures is to specify how Maxx Pharma will treat all personal & sensitive information it receives verbally (via phone) or in writing (email, fax, mail) or face to face during the delivery of medically orientated projects or services (MOP) on behalf of our clients.

POLICY SCOPE

Maxx Pharma respects the personal information that we collect from individuals on behalf of our clients and this Privacy Policy details how such information will be controlled.

This policy specifically covers the collection, storage and use of personal information during the delivery of medical orientated projects or services (MOP Personal Information) for clients (MOP Clients) in those specific cases where client policies and procedures have not been provided to Maxx Pharma.

POLICY STATEMENT

Prior to the commencement of all projects that require or facilitate the disclosure of Personal or Sensitive Information from a third party (e.g. a patient, a Health Care Professional or a member of the general public), Maxx Pharma will request and review a copy of the MOP Client’s privacy policy and the associated procedures and incorporate such policy and procedures into its service delivery.

In those circumstances where a MOP Client does not provide a copy of their privacy policy and procedures prior to the commencement of the service agreement, Maxx Pharma will revert and adhere to this Policy as the Maxx Pharma Personal Information Collection, Storage and Use Procedure.

Upon subsequent receipt of the MOP Client’s policy and procedure, Maxx Pharma will cease using this policy and immediately commence using the MOP Client’s policy and procedure.

Maxx Pharma Personal Information Collection, Storage and Use Procedure

1. THE TYPE OF MOP INFORMATION THAT MAXX PHARMA MAY COLLECT

The MOP Personal and / or sensitive Information that Maxx Pharma may collect and retain on behalf of a MOP Client could include:

  • Personal identification information such as:
    • Name (first, middle, surname)
    • Initials
    • Postal or email address
    • Telephone numbers
    • Date of birth, age, age group,
    • Gender
    • Occupation, employment category (e.g. patient, HCP).
  • Sensitive health related information such as a medical history, medical test results, treatments and Medical opinion(s).
  • Product or service related information
  • Information that may be necessary in order to carry out the delivery of Maxx Pharma contracted services.

2. ANONYMITY AND/OR THE USE OF A PSEUDONYM

An individual may choose to remain anonymous or choose to be identified by a pseudonym.
Maxx Pharma may not be able to interact with an individual who chooses to remain anonymous or be identified using a pseudonym.

3. POTENTIAL CONSEQUENCE OF NOT PROVIDING PERSONAL INFORMATION

If individuals do not provide personal information to Maxx Pharma, Maxx Pharma may not be able to:

  • provide the required service levels agreed with the Client;
  • verify an individual’s identity or protect against fraud;

4. COLLECTION AND USE OF UNSOLICITED MOP PERSONAL INFORMATION

Individuals may choose to share personal information that has not been requested by Maxx Pharma during an interaction (referred to as ‘unsolicited information’).

If Maxx Pharma receive unsolicited MOP Personal Information, Maxx Pharma will ascertain if the information is deemed necessary to carry out Maxx Pharma services on behalf of the client. If the information is deemed necessary it will be treated as per the privacy policy. If the information is not deemed necessary it will be deleted, destroyed or de-identified.

5. INFORMED CONSENT

When Maxx Pharma receives MOP Personal Information directly from an individual, Maxx Pharma will take reasonable steps to notify the individual how and why their information has been collected; who it may be disclosed to; along with providing details regarding how the individual can access the information in the future, request a change to the information or make a complaint.


Sometimes Maxx Pharma will collect MOP Personal Information from individuals other those of which the information relates (e.g. a MOP Client’s Sales Representative or a Health Care Professional or carer). In these cases, Maxx Pharma will attempt to verify if consent has been provided before retaining the MOP Personal Information.

If Maxx Pharma cannot verify if consent has been provided or in those cases where consent has not been provided, Maxx Pharma will ensure that the MOP Personal Information is de-identified.

6. STORAGE OF MOP PERSONAL INFORMATION

Maxx Pharma stores MOP Personal Information in hard copy and in electronic format.
Maxx Pharma will take reasonable steps to protect MOP Personal Information from unauthorised access or disclosure, misuse, interference, modification or loss.
Maxx Pharma requires all staff to sign confidentiality agreements, has specific document storage security policies and employs a range of physical and electronic security systems to protect personal information.

In some cases Maxx Pharma uses third party data storage providers. In these cases Maxx Pharma requires that contractual arrangements are in place with the providers to ensure that the provider takes appropriate measures to protect that information.

What happens when we no longer need MOP Information?

Maxx Pharma only stores MOP Personal Information for as long as it is required in order to meet contractual obligations. At the conclusion of the service all MOP Personal Information is returned to the MOP Client or if requested by the client, destroyed using an accredited secure destruction service.

Maxx Pharma is required by legislation to retain some MOP Personal Information for a specified time period (e.g. Health Records Act). At the conclusion of this time period the MOP Personal Information is returned to the MOP Client or destroyed using an accredited ‘secure destruction’ service.

7. USING PERSONAL INFORMATION

Why is Personal Information collected, stored and how is used?

Maxx Pharma collects and stores MOP Personal Information as part of the service delivery requirements as set out by the MOP Client.

8. SHARING PERSONAL INFORMATION

During the course of carrying out the project, Maxx Pharma may be directed by a MOP Client to share MOP Personal Information with a third party.

If Maxx Pharma is directed by a MOP Client to share MOP Personal Information with a third party it will be de-identified unless explicit consent to share that MOP Personal Information has been obtained from the individual to whom the MOP Personal Information pertains.

Sharing MOP Personal Information with third parties

Maxx Pharma may be directed by the MOP Client to disclose MOP Personal Information to third parties including but not limited to:

  • those involved in providing, managing or administering the service;
  • authorised representatives of the MOP Client who manage aspects of the service on their behalf;
  • medical professionals, medical facilities or health authorities who verify any health information provided;
  • mailing houses and telemarketing agencies who assist the MOP Client to communicate with specific individuals;
  • other organisations involved in the MOP client’s normal business practices, including our agents and contractors;

Overseas Disclosure: Sharing outside of Australia

Maxx Pharma is located in Australia and provides MOP services to clients within Australia and New Zealand. Maxx Pharma clients may have subsidiaries or affiliated businesses overseas.

Maxx Pharma may be directed by our MOP Client’s to share MOP Personal Information with organisations outside Australia.

If Maxx Pharma is required to share MOP Personal Information to the subsidiary or affiliate of our MOP Client overseas, the MOP Personal Information will be de identified before it is transmitted.


MOP Clients with overseas subsidiaries or affiliates may be required to disclose information that Maxx Pharma shares with them under a foreign law. In such instances Maxx Pharma is not responsible for disclosure.

9. ACCESSING MOP PERSONAL INFORMATION

Maxx Pharma will provide an individual with access to their MOP Personal Information upon their written request and subsequent written approval of the relevant MOP Clients.

Maxx Pharma will attempt to provide access to MOP Personal Information in the format requested by requestor.

Maxx Pharma may charge MOP Clients a retrieval fee to cover and deliver such MOP Personal Information.

Maxx Pharma’s MOP Clients are not always required to provide access to personal information.

MOP Clients may not provide access to MOP Personal Information when:

  • there is perceived threat to life or public safety
  • access would be deemed unlawful
  • the information would not be ordinarily accessible because of legal proceedings
  • there is an unreasonable impact on other individuals
  • it would be likely to harm the activities of an enforcement body (e.g. the police)
  • the request is frivolous or
  • it would harm the confidentiality of Maxx Pharma’s commercial information.

10. CORRECTING MOP PERSONAL INFORMATION

If an individual has been involved in a MOP project and believes that the stored MOP Personal Information is incorrect, Maxx Pharma will only attempt to correct the MOP Personal Information if it is deemed inaccurate; out of date; incomplete; irrelevant; or misleading.

If an individual is concerned that Maxx Pharma has provided incorrect MOP Personal Information to another party, Maxx Pharma will advise the party to make the correction.

When Maxx Pharma corrects MOP Personal Information

If Maxx Pharma is able to amend the information, Maxx Pharma will advise the individual in writing within five business days. At the MOP Client’s request, we will also let the relevant third parties know as well as any others. If there are any instances where we cannot do this, then we will let the MOP client know in writing.

If Maxx Pharma cannot correct MOP Personal Information

If we are unable to correct the information, we will explain why in writing within five business days. If the individual has any concerns, they can make a complaint to the Office of the Australian Information Commissioner.

Time frame for correcting MOP Personal Information

If Maxx Pharma can correct information, it will be completed within 30 days from the date of request, or a longer period that has been agreed between our MOP client and the individual.


If Maxx Pharma cannot make corrections within a 30 day time frame or the agreed time frame, Maxx Pharma must:

  • let the client /individual know about the delay, the reasons for it and when we expect to resolve the matter;
  • ask the client to agree in writing to give us more time; and
  • let the client/ individual know that a complaint can be made to the Office of the Australian Information Commissioner.

11. RESOLVING PRIVACY ISSUES

If there is a complaint about how Maxx Pharma handles personal information, we want to hear about it. Clients are always welcome to contact us.

Call us: 03 9251 0795

We are committed to resolving complaints and doing the right thing by our clients and their customers. MOP complaints should be resolved within five business days.
The next step is to contact our Privacy Officer.

Send an email: [email protected]
Write to us at:
Maxx Pharma Pty Ltd
Level 20, 181 William Street,
Melbourne VIC 3000

Online: www.oaic.gov.au/privacy
Phone: 1300 363 992
Email: [email protected]