Legal Notice
General Terms of Use
This website is owned and Copyright Professional Radiology Outcomes Pty Ltd (“PRO” or “The Company”), an Australian-domiciled Company limited by Share Equity.
By accessing or using any of the PRO Web site, you agree to comply with and be bound by these terms and conditions of use (Terms of Use). Please read these Terms of Use carefully as well as PRO’s Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms of Use, you must immediately terminate use of the PRO Web site. These Terms of Use will take effect at the time you begin using the PRO Web site. PRO reserves the right, with or without notice, at any time and for any reason to deny you access to the PRO Web site or any portion thereof, and to terminate these Terms of Use. If you violate any of these Terms of Use, your permission to use the Web site automatically terminates.
Terms of Use for Forum
The PRO Web Site may make its Forum and Blog available to its members only. Please remember that any information that is disclosed in these areas becomes public information among members, and you should exercise caution when deciding to disclose any personal information. In the event you voluntarily disclose personally identifiable information using such a service, that information, along with any substantive information disclosed in your communication or post, can be collected, correlated and used by third parties. This may result in unsolicited messages from third parties. Such activities are beyond the control of PRO, its affiliates and assigns.
Indemnification; Applicable Law
You agree to defend, indemnify and hold PRO, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
You expressly agree that exclusive jurisdiction for any dispute with PRO, or in any way relating to your use of the Web site, resides in the courts of New South Wales in the Commonwealth of Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New South Wales in connection with any such dispute including any claim involving the Web site or PRO or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Copyright and Trademarks
All PRO content, including the name and logo and all related product and service names (“PRO Content”) on this site is owned by PRO, its licensors, sponsors, partners, content providers or other third parties and is protected by law including, but not limited to, Australian copyright, trade secret, patent and trademark law. Reproduction, retransmission, distribution, sale, publication, broadcast, circulation, reprinting or dissemination of any PRO Content is prohibited without the prior written permission from PRO or other copyright owner if PRO is not the owner. You may not alter, delete, obscure or conceal any copyright or other notices appearing on the PRO Content, including any such notices appearing on any PRO Content you are permitted to download, transmit, display, print or reproduce from PRO Web sites. Any use of the PRO Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. PRO Content and features are subject to change or termination without notice in the editorial discretion of PRO. All rights not expressly granted herein are reserved to PRO and its licensors.
Use of Content
PRO authorizes you to view or download a single copy of the material on the Web site solely for your personal, non-commercial use if you include the following copyright notice: “Copyright © 2009, Professional Radiology Outcomes. All rights reserved” and other copyright and proprietary rights notices that are contained in the PRO Content.
All other reproduction, retransmission, or reprinting of all or part of any PRO Content found on this site is expressly prohibited, unless PRO has expressly granted its prior consent to so reproduce, retransmit, or reprint the material. All other rights are reserved.
If you violate any of these Terms of Use, your permission to use the PRO Content automatically terminates and you must immediately destroy any copies you have made of any portion of the PRO Content.
Legal Disclaimers
Warranty Disclaimed
The use of the Web site and the PRO Content is at your own risk. When using the Web site, information will be transmitted over a medium that may be beyond the control and jurisdiction of PRO and its suppliers. Accordingly, PRO assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web site.
This Web site and the PRO Content are provided on an “as is,” “as available” basis. PRO AND ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
Legal Information
The legal information on this website is provided “as is” without any representations or warranties, express or implied. PRO makes no representations or warranties in relation to the legal information on this website.
Without limitation or prejudice to the generality of the foregoing paragraph, PRO does not warrant that:
- the legal information on this website will be constantly available, or available at all; or
- the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.
You must not rely on the information on this website as an alternative to legal advice from your lawyer.
If you have any specific questions about any legal matters you should seek independent legal advice from your lawyer.
You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
Disclaimer of Liability
Users assume all responsibility for the use of this Web site. Under no circumstances, including negligence, shall PRO or anyone else involved in creating or maintaining this Web site be liable for any claim, loss, or damage (including, without limitation, DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS of any kind whatsoever) in connection with, as a result of, or arising from the use or inability to use the Web site and/or any other Web sites that are linked to this site, including, but not limited to: (i) reliance by a member or visitor on any information obtained via the Web site; (ii) mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access; ) any interruption in the availability of the Web site or PRO Content; (iv) statements or conduct of any third party on the Web site; (iv) any other matter relating to the Web site. In states which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.
Disclaimer of Endorsement
Reference to any product, service, hypertext link to a third party or other information by trade name, trademark, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by PRO. PRO shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such third party content. You shall be solely responsible for any correspondence or transactions with third parties.
PRO Privacy Policy
1. PURPOSE OF OUR POLICY
1.1. This Privacy Statement deals with how Professional Radiology Outcomes Pty Ltd (we, us or our) handles “personal information” as it is defined in the Privacy Act (Personal Information).
1.2. We provide a comprehensive specialist radiology service called Professional Radiology Outcomes (PRO), which provides offsite specialist radiology reporting to ensure the most clinically relevant, highly detailed radiology reports to clinicians and other health service providers (each a Provider). Through our proprietary application, PROPACS, dental and other health professional are able to access radiology reports in a timely and cost-effective manner.
1.3. PRO has been developed to ensure:
(a) easy accessibility, accuracy, quality, dependability and timeliness in the delivery of radiology reports online; and
(b) cost effectiveness of service delivery; responsiveness to clients’ needs and expectations.
1.4. We have adopted this Privacy Statement to ensure that we have standards in place to protect the Personal Information that we collect about individuals that is necessary and incidental to:
(a) providing the system and services that PRO offers, including the PROPACS service;
(b) the operation of our website; and
(c) the normal day-to-day operations of our business.
1.5. We ensure that we comply with the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act). To the extent that we obtain Personal Information from parties inside the European Economic Area we also comply with the provisions of the General Data Protection Regulations (GDPR).
2. WHO AND WHAT THIS POLICY APPLIES TO
2.1. We collect Personal Information on our own behalf and in respect of organisations that utilise PRO, PROPACS or similar services provided by us.
2.2. This Privacy Statement applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy.
2.3. If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.
3. THE INFORMATION WE COLLECT
3.1. In the course of business it is necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:
(a) Personal Information. To access PRO, we may collect your first name, last name, email address and your phone number;
(b) Contact Information. We may collect information such as an individual’s email address, telephone & fax number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual;
(c) Sensitive Information. PRO collects “sensitive information” as it is defined in the Privacy Act (Sensitive Information) regarding patients’ health and/or health treatment;
(d) Statistical Information. When you use the PROPACS service or our website we may make a record and log some or all of the following information for statistical or maintenance purposes and to ensure the quality of the PRO service:
(i) duration of use;
(ii) data level and bandwidth used;
(iii) data level uploaded and downloaded;
(iv) the type of video software used;
(v) the Provider to whom you are connected.
(e) Information an individual sends us. We may collect any personal correspondence that an individual sends us.
3.2. We may collect other Personal Information about an individual, which we will maintain in accordance with this Privacy Statement.
3.3. We may also collect information regarding an individual’s location at the time of access including through the use of Application Programming Interfaces (APIs) or by reference to your IP Address.
3.4. We may collect information regarding your use of our website, including the IP Address from which you accessed our website, the length of your visit, the pages viewed and other similar statistical data.
4. HOW INFORMATION IS COLLECTED
4.1. Information will be collected in association with a patient’s health treatment as described above at 3.1(c). Providers record and provide diagnostic images and patient data to us using PRO. PRO then transmits that patient data to our Reporting Radiologist, who accesses the data for the purposes of preparing a Specialist Radiology report specific to that patient. That report is then stored alongside the patient data received from Providers. Providers and the patient can view the patient radiology report through an individualised log-in on a secured system. PRO continues to store the patient data and the radiology report on our hosted platform for up to seven (7) years, unless the patient or the Provider requests us to destroy it prior.
4.2. Information may also be collected in association with an individual’s use of PRO, an enquiry about PRO, the use of our website or generally dealing with us. We may also receive Personal Information from sources such as staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:
(a) Health Treatment. When we are engaged to provide our comprehensive specialist radiology service in relation to a patient;
(b) Registrations/Subscriptions. When an individual registers or subscribes for a service they enter Personal Information details in order to receive or access something, including a transaction;
(c) Supply. When an individual supplies us with goods or services;
(d) Contact. When an individual contacts us in any way; and/or
(e) Access. When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser’s setting to accept or reject cookies), APIs or analytical services. In this respect please refer to our Cookie Policy set out below;
4.3. As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected and will require Providers to obtain consent to the collection and use of your data by PRO.
4.4. Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a Provider or client) we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles.
5. WHEN PERSONAL INFORMATION IS USED AND DISCLOSED
5.1. In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
5.2. We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law.
5.3. We may disclose personal information to affiliated companies, government agencies and other third parties in accordance with this policy and the Australian Privacy Principles.
5.4. We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances.
5.5. Your Provider may obtain Personal Information from you during the course of PRO’s use. To the extent that you disclose Personal Information to a Provider that Personal Information will be dealt with in accordance with that Provider’s Privacy Statement.
5.6. Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
(a) the provision of access to PRO or PROPACS;
(b) verifying an individual’s identity;
(c) communicating with an individual about:
(i) their ongoing health treatment;
(ii) the preparation of their specialist radiology report;
(iii) their relationship with us;
(iv) our own marketing and promotions to customers and prospects;
(v) surveys and questionnaires;
(d) investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
(e) as required or permitted by any law (including the Privacy Act).
5.7. There are some circumstances in which we must disclose an individual’s information:
(a) where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; and
(b) as required by any law (including the Privacy Act or GDPR).
6. TRANSFER TO OTHER COUNTRIES
6.1. We may share your personal data collected outside of Australia with our staff in Australia for the purposes set out in this policy. We may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country of residence. However, in those instances, we have entered into contractual agreements to ensure the security of your personal data.
6.2. Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances we shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
7. CHOOSING TO BE CONTACTED
7.1. An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
(a) Opt In: where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
(b) Opt Out: where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
7.2. If you believe that you have received information from us that you did not opt in to receive or that you opted not to receive, you should contact us using the details below.
8. SECURING YOUR PERSONAL INFORMATION
8.1. We may appoint a Privacy Officer to oversee the management of this Privacy Statement and compliance with the Australian Privacy Principles and the Privacy Act. This officer may have other duties within our business and also be assisted by internal and external professionals and advisors.
8.2. We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
8.3. PRO uses the PROPACS Cloud-based, integrated PACS/RIS software platform that meets the highest possible global standards in IT security and transmission encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
8.4. Subject to clause 6 above, we are not responsible for the privacy or security practices of any third party. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
8.5. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
8.6. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
9. HOW TO ACCESS AND/OR UPDATE INFORMATION
9.1. Subject to the Australian Privacy Principles and GDPR, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within 28 days of receiving their written request.
9.2. If an individual cannot update their own information, we will correct any errors in the Personal Information we hold about an individual within 7 days of receiving written notice from them about those errors.
9.3. It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.
9.4. We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them.
10. YOUR RIGHT TO BE FORGOTTEN
10.1. If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:
(a) if there is an unresolved issue relating to your account, such as an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
(b) where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
(c) where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
10.2. Please note that if you request that we delete or anonymise your personal data, you may not be able to access PRO until such time as that personal data is provided to us again or the anonymisation has been reversed.
11. COMPLAINTS AND DISPUTES
11.1. If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below.
11.2. If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.
11.3. If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
12. CONTACTING INDIVIDUALS
12.1. From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
13. COOKIE POLICY [confirm whether cookies are used]
13.1. Cookies and other tracking technologies are comprised of small bits of data or code that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser (on your computer or mobile device) when you first request a web page and then store the data on your computer so that such websites, apps and other services can access information when you make subsequent requests for pages from that service. They are widely used in order to make websites work, or work in a better, more efficient way. For example, they can recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).
13.2. The PRO website makes use of the following cookies: [confirm]
| Name | Description | Category | ICC Classification |
13.3. We use the cookies mentioned above to assist in providing the best possible service to you. Some cookies are used in order to collect system, analytical and diagnostic information required to assist us monitor and improve the performance of our products.
13.4. Most browsers accept cookies automatically, but you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. Generally, you have the option to see what cookies you’ve got and delete them individually, block third party cookies or cookies from particular sites, accept all cookies, to be notified when a cookie is issued or reject all cookies. Visit the ‘settings’, ‘options’ or ‘preferences’ menu on your browser to change settings.
14. CONTACTING US
14.1. All correspondence with regards to privacy from Australian customers should be addressed to:
The Privacy Officer
Professional Radiology Outcomes Pty Ltd
Info@ProXrayManagement.com
14.2. If you are a resident of the European Economic Area and have inquiries regarding transmission of your data via PROPACS, then please direct any inquiries to the Provider through which PROPACS was accessed, in the first instance.
15. ADDITIONS TO THIS POLICY
15.1. If we decide to change this Privacy Statement, we will post the changes on our webpage at [https://proxraymanagement.com/legal-notice]. Please refer back to this Privacy Statement to review any amendments.
We may do things in addition to what is stated in this Privacy Statement to comply with the Australian Privacy Principles and the GDPR, and nothing in this Privacy Statement shall deem us to have not complied with the Australian Privacy Principles or the GDPR.
PRO Members
The PRO website requires you to provide certain personally identifiable information in order to use certain “Members” features and functions of the site. By providing such information, you consent to our collection and use of it, as described in this privacy policy.
The Members only portion of the PRO Web site (Members site) will expressly ask for your Web site identification and your password to access the Members site. The information that you provide to PRO to become a Member during the PRO member registration or renewal process (including name, address, phone and payment information, together with any additional information you provide to PRO and information regarding the manner in which you use your PRO membership) will not be processed or disclosed by PRO except as permitted by this policy or as required or allowed by applicable law or legal process.
This information will be used to process your order and if necessary, to contact you regarding the status of your order. You agree and acknowledge that your order may be processed, fulfilled or serviced by third parties other than PRO and you understand that such third parties are not limited by PRO in their use of the information provided to them to process, fulfil or service your order. Therefore, in order to process, fulfil or service your order, you expressly consent to our sharing your information with any necessary third parties.
PRO may use your contact information to get in touch with you regarding the status of your membership, registration or any orders you may place, for instance. You may also be contacted by us or our agents regarding additional services and features, or we may request your feedback about your experience with PRO. We also reserve the right to make your contact information available to third parties whose products and services you may find useful. If you prefer that we do not use your contact information as described here, you may send us an email at any time to info@ProXrayManagement.com.
PRO may share your information with carefully selected and screened organizations, including other associations, educational institutions, government agencies, corporate members, etc. These other organizations are not bound by this privacy policy, and you should contact them directly for information on their use of your data.
Personal Information
PRO is committed to protecting the privacy of its members, customers and the public and will collect no personal information from you unless you choose to provide that information. If you purchase a PRO product online, we collect personal information required to support the purchase of products, including names, addresses and e-mail addresses, and including any and all information required for a medically valid Referral for Radiology Reporting Services. When existing demographic information in our database is incorrect or incomplete, that information will be updated. PRO only shares your personal information when necessary to complete your order (for example, your credit card and billing information is shared with our bank for authorization, and your delivery address is shared with our fulfilment centre and shipper).
PRO sends e-mails to let you know about changes to its Web site and communicate with you about issues that matter to the Professions we service, but we do not sell e-mail addresses to third parties. (But see above regarding our possible sharing of your contact information with selected third parties.)
Visit Information
When you visit the PRO Web site, the Company’s tracking agent automatically collects some basic information about your computer, including the following: your most recently visited URL, IP address (your computer’s unique signature), operating system and browser software.
The information collected reflects the user population as a whole rather than focusing on individuals. It is used to better understand the people who visit PRO’s website. This information allows PRO to identify the most popular pages on the Web site. Aggregated data of non-personally identifiable information may be disclosed to the Board of PRO to inform them of the number and categories of people who have visited the Web site.
Cookies
The PRO Web site sends all visitors a cookie (small computer file) that contains a unique serial number that recognizes repeat users and facilitates ongoing access to and use of the Web site. PRO does not use cookies to monitor the use of its Web site by individual users. Cookies do not collect personally identifying information; they collect information related to the characteristics of your computer, or when and how you reached the PRO website. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. They do not pose a threat to a user’s system or files. Each time our Web server receives a request for a page, it checks to see if the cookie is present; this enables us to determine how much of our traffic is from repeat visitors. We use this information only for purposes of planning and tracking, as well as assessing the technical function of our site. By understanding how our site is accessed, we can continually improve it to respond to user’s interests. Please note that cookies are necessary to enable PRO members to use PRO’s Forum or Blog or potentially other of PRO’s web-based services.
PRO reserves the right to perform statistical analyses and profiling of user behaviour and characteristics in order to measure interest in and use of the various areas of the site and to inform third parties of such information. PRO will provide only aggregate data from these analyses to third parties; no personally identifiable information will be disclosed.
Security and E-commerce
While information is critical to our ability to provide high quality service to you, our most important asset is the trust that our visitors place in how we provide that service. Keeping visitor information secure, and using it only as our visitors would want us to, is a top priority for all of us at PRO. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, PRO has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information collected online. Our secure server certificate is issued by _______ (Claus, please complete).
No Guarantee
Unfortunately, no information transmission over the Internet can be guaranteed to be completely secure. Accordingly, despite our efforts, PRO cannot guarantee or warrant the security of any information you transmit to us.
Refund Policy
We are not required to provide a refund if you change your mind. If you believe the report or advice is incorrect or insufficient please let us know and we will assist you with further advice or a refund.
Change of Policies
The Company may modify these policies at any time by posting revisions on PRO’s website. Only the posted statement is effective with respect to current use of the site.
Contact Us
We invite your comments and questions about the PRO website, your experience with our site and services, and our privacy policy. Please contact us.