POLICIES

Privacy

SoundWave Audiology (referred to in this Privacy Policy as “we”, “our” or “us”) aims to provide our customers with industry-leading, evidence-based audiology services and products. We acknowledge that personal and health information about customers is given in trust and confidence, and as such, the privacy and protection of patient information are of absolute importance to us.

We comply with the New Zealand Privacy Act 2020 (the Act) and the Health Information Privacy Code 2020 (the Code) when handling personal and health information.

This Privacy Policy outlines how we collect, use, disclose and protect your personal information. It does not limit or exclude any of your rights under the Act or Code. If you wish to seek further information about your privacy rights, please visit www.privacy.org.nz or call the Office of the Privacy Commissioner on 0800 803 909. By providing your personal information or by using our services, you agree to this Privacy Policy. We may amend this Policy at any time by uploading a revised version to www.soundwaveaudiology.co.nz

By continuing to provide information and use our services, you agree to any changes to this Privacy Policy.

What is Personal Information?

Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained. Health information, as defined by the Code, includes information about an identifiable individual’s medical and treatment history, disabilities or accidents, contact with any health or disability service providers (for example ACC), in relation to the services or communications that we provide to you.

How do we collect information?

We ordinarily collect information directly from our clients and suppliers, including from employees or officers of our customers and suppliers. We collect information through, for example, online inquiries (including website and email), phone calls, written communications, and consultation appointments. We (and our commercial partners) may also collect information about our customers’ use of our products and services. This may include hearing aid usage (for example, information related to volume control adjustments, battery charging, duration of daily use, listening environments and behaviours and habits).

The type of information we collect on our website (www.soundwaveaudiology.co.nz) depends on how you make use of the site. When you visit the site, our host records your server address, domain name, the date and time of the visit and the pages viewed. This information may be collected by using cookies (data sent to your web browser, which generally allows our site to interact more efficiently with your computer). If you disable the use of cookies, your use of our site may be affected.

When visiting our site, you will not be required to provide us with any personal information unless you request information about a SoundWave Audiology service or Product or if you want to schedule an appointment online. In that case, we will ask you to provide contact details along with other information required to respond to your request. The information provided may also be retained for product planning purposes, and unless you tell us that you don’t want it used for direct marketing purposes, it may be used for those purposes.

If you email us containing personal information, we will take reasonable steps to ensure the confidentiality of that information. The content of emails is sometimes monitored by our internet host for maintenance and fault detection purposes. Emails may also be sent to our suppliers, partners or contractors when they relate to product or service inquiries or complaints. They also treat the information confidentially and may record it in their in-house database.

Unless otherwise indicated, providing personal information to us is voluntary. However, if you choose not to provide certain information, we may not be able to:

  • Provide you with the products or services you have requested.
  • Respond to your inquiries.
  • Process your orders.
  • Include you in promotional activities or loyalty programs.
  • In some circumstances, we may be required by law to collect certain information (for example, for regulatory compliance or when providing services funded by government health programs).

Although we take steps to protect information sent by email, email is not a secure method of communication and if you are concerned about sending your personal information to us in this manner, you may prefer to contact us by any of the other means set out below.

INDIRECT COLLECTION NOTIFICATION (IPP 3A)

When we collect your personal information from sources other than directly from you (indirect collection), we will take reasonable steps to notify you as soon as reasonably practicable. Indirect collection may occur when:

  • Hearing aid manufacturers or our commercial partners provide us with information about your product usage, settings, or behaviours.
  • Third-party remote care platforms share information about your engagement with their services.
  • Other health providers or agencies share information with your consent or as permitted by law.
  • When we collect information indirectly, we will notify you of the same matters required for direct collection (see above), including the purpose of collection, intended recipients, and your rights under the Privacy Act 2020.

We may not notify you of indirect collection if:

  • You have previously been informed of our collection practices.
  • The information is publicly available.
  • Notification would not be reasonably practicable in the circumstances.
  • The source of the information (such as a hearing aid manufacturer) has already provided you with notice of the disclosure to us.
  • If you have questions about information we have collected indirectly about you, please contact our Privacy Officer.

CHILDREN AND YOUNG PEOPLE

For individuals under 16 years of age, we generally seek consent from a parent or legal guardian before collecting, using, or disclosing health information. However, where a child or young person is assessed as having sufficient maturity and understanding to make their own decisions about their health information, we may accept consent directly from them in accordance with the Health Information Privacy Code 2020.

Parents and guardians may request access to their child’s health information, but we may refuse this request if it conflicts with the child’s best interests or if the child has expressly requested that certain information remain private (as permitted by Rule 11 of the Health Information Privacy Code 2020).

We retain health information for children with significant or complex health conditions for longer than the standard 10-year minimum to ensure continuity of care into adulthood.

Why do we collect your information?

SoundWave Audiology collects personal information from our customers and suppliers, employees or officers of its customers and suppliers, for purposes relating to the products and services we offer. Those purposes include:

  • Responding to inquiries about products, accessories and services we offer;
  • Receiving feedback and dealing with complaints;
  • Processing orders and administering accounts;
  • Providing client support;
  • Providing clients with our and our commercial partners’ incentive rewards;
  • For us, or our commercial partners, to implement and notify you of marketing and promotional activities, including market research, product development and direct marketing;
  • Improving our services and procedures;
  • To assist with sales profiling activities for marketing and to improve our products and services;
  • Product development; and
  • Meeting our regulatory and legal obligations.

How will we use your information?

In providing you with a product or service, we may sometimes need to disclose your personal information to others. It is generally our policy not to disclose information to external organisations. However, examples of the types of organisations we may need to disclose information to in the course of providing a product, service, or offer are: mailing houses for bulk mailing of letters and notices; and other service providers.

Those contracted and commercial parties are not authorised by us to use personal information for anything other than the purpose for which we supplied that information to them or when our commercial arrangements with these parties end.

Sometimes, the law requires us to disclose personal information. We may also disclose personal information

where the individual consents to us doing so. That consent may be written, verbal or implied by your conduct. By providing your email address and/or mobile phone number, you consent to us sending you information connected with the above collection and use purposes via email or text message. The messages you receive from us will have instructions about how you can remove yourself from our mailing list if you wish. From time to time, we (or our commercial partners) may use personal information to inform our clients about our, and our commercial partners’, products and services, or about special offers and promotions that we think may be of interest to you. You can let us know at any time if you no longer wish to receive marketing materials (by contacting us by any of the means set out below) and we will remove your details from our direct marketing database. We may also use your information to improve the services and products offered to clients and to target our marketing of these products and services.

OVERSEAS DISCLOSURE OF INFORMATION

Some of our commercial partners, hearing aid manufacturers, cloud service providers, and third-party remote care platforms may be located overseas or may store or process personal information outside New Zealand. Countries where your information may be disclosed, stored, or processed include [list key countries e.g., Australia, USA, EU member states, etc.].

When we disclose personal information to foreign entities, we comply with Information Privacy Principle 12 and Rule 12 of the Health Information Privacy Code 2020 by ensuring that:

  • The recipient is subject to privacy laws that overall provides comparable safeguards to New Zealand’s Privacy Act 2020, or
  • We have contractual protections in place requiring the recipient to handle your information in accordance with New Zealand privacy principles, or
  • You have expressly consented to the overseas disclosure after being informed of the potential privacy implications.
  • Before disclosing your information overseas, we conduct due diligence to assess whether the foreign recipient’s privacy framework provides adequate protection.

If you opt in to third-party remote care services, you will be required to agree to the third party’s privacy policy, which governs how they handle your information. We ensure our commercial partners who receive your information are contractually required to protect it appropriately.

If you provide us with an indication of your consent to disclose, share or use your personal information in connection with a third party, we may disclose, share or use your personal information in that manner. For example, if you opt in to e-Health Remote Care with a particular third-party, then we may disclose your relevant personal information to the Third-Party Remote Care Platform for the purposes of adding you to this service. Generally, in such a situation, the third party (usually a hearing aid manufacturer) is not allowed to use your personal information for their purposes, unless they have your express permission. Third-party remote care providers generally require you to agree to their own privacy policies before you are able to use the associated applications, in which case your personal information will be used in accordance with the Third-Party Providers Privacy policy.

Information will only be used or disclosed for the purpose for which it was collected, or directly related purposes. Generally, health information cannot be shared without your express authorisation. Below are some limitations and exceptions to disclosure:

  • Purpose Limitation: Serious Threat Exception: Information can be disclosed to avoid a serious and imminent threat to public health, safety, or the life/health of the individual or others.
  • Legal Obligation: Disclosure is permitted if required by law, such as for court proceedings or to police in specific circumstances.

  • Representative Access (Section 22F): A representative (e.g., family) can request information, but it may be refused if it violates the patient’s wishes, is not in their best interest, or breaches another person’s privacy.

  • Minor’s Privacy: For children, requests by parents/guardians may be denied if it conflicts with the child’s best interests or if the child has expressed wishes to keep information private.

  • Publicly Available: Information already in the public domain may be disclosed if it is not unfair or unreasonable.

  • De-identified Data: Information may be used if the individual cannot be identified.

Except as stated in this Privacy Policy, SoundWave Audiology does not disclose personal information to organisations outside SoundWave Audiology. We may join with other business associates of SoundWave Audiology in joint marketing of our respective products and services to clients. We may also need to use and disclose your information to improve our services, if we are selling our business, to assist law enforcement agencies or if we are compelled to under law.

Data Retention:

New Zealand’s Health (Retention of Health Information) Regulations 1996 require health providers to retain health information for a minimum of 10 years from the day after the last service was provided. In complex paediatric cases, we may retain these records for more than 10 years. In most cases, the records we keep are electronic and will be destroyed as set out below:

Electronic data will be destroyed by clearing (using software to overwrite), purging (degassing), or physically breaking down hardware (pulverising, melting, or incinerating). Destruction will cover all electronic media, including hard drives, servers, cloud storage, back-up tapes, and portable devices like USB’s.

Any paper records being destroyed will be cross-cut shredded.

How can you update and access your information?

We do everything we can to ensure that the personal information we hold is accurate, complete and up-to-date whenever we collect or use it. This means that from time to time, we will ask you to tell us if there are any changes to your personal information. If you find that the information we have about you is incorrect, please contact us immediately, and we will correct it. Subject to certain grounds for refusal set out respectively in the Act and Code, you have the right to access your readily retrievable personal or health information that we hold and to request a correction to your personal or health information. We may ask to see evidence to confirm you are the individual to whom the personal or health information relates.

Security of personal information

The security of personal information is important to us, and we take all reasonable precautions to protect personal information from misuse, loss, unauthorised access, modification or disclosure. Some of the ways we protect personal information include:

  • External and internal premises security;
  • Restricting access to personal information only to staff who need it to perform their day-to-day functions;
  • Maintaining technology products to prevent unauthorised computer access or damage to electronically stored information, such as requiring identifiers and passwords, firewalls and antivirus software; and
  • Maintaining physical security over paper records.

Our website may contain links to websites which are owned or operated by third parties independent of SoundWave Audiology, including websites owned or operated by SoundWave Audiology service providers and partners. These websites should contain their own privacy statements and their owners or operators are responsible for informing you about their security and privacy practices. If you believe that the privacy of your personal or health information has been compromised, please let us know. You can make a complaint by contacting the person you are dealing with or by emailing us at info@soundwaveaudiology.co.nz We will respond to complaints as soon as possible.

If a privacy breach occurs and is likely to cause serious harm, we will notify (as soon as we are practically able):

  • The Privacy Commissioner
  • All affected individuals

Serious harm includes physical, psychological, emotional, financial, or reputational harm.

We will maintain records of all privacy breaches, whether they meet the threshold for notification to the Privacy Commissioner. These records include:

  • The circumstances and date of the breach.
  • The personal information involved.
  • Assessment of likelihood of serious harm.
  • Steps taken to contain and remediate the breach
  • Notifications made (if any)
  • Lessons learnt and preventive measures implemented
  • These records enable us to identify systemic issues, improve our privacy practices, and demonstrate compliance with the Privacy Act 2020 to the Privacy Commissioner if requested.

Withdrawing consent:

You have the right to withdraw your consent for us to use or disclose your personal information at any time by contacting our Privacy Officer. However, please note:

  • Withdrawal of consent does not affect any use or disclosure that occurred before you withdrew consent.
  • We may still be required to retain your information for the minimum 10-year period required by law.
  • Withdrawal may limit our ability to provide ongoing services to you.
  • We cannot withdraw information that has already been lawfully disclosed to third parties, but we will make reasonable efforts to notify them of your withdrawal where practical.
  • To withdraw consent for marketing communications, you can use the unsubscribe link in our emails, reply STOP to text messages, or contact us directly.

Contacting us

You can contact the privacy officer for SoundWave Audiology (Mr Cobus Marais) via:

SoundWave Audiology Ltd.
130C Rostrevor Street
Hamilton Central
Hamilton
3204

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