Privacy Policy
THIS PRIVACY POLICY
- THIS PRIVACY POLICY
- ConsultNote.ai Pty Ltd (ACN 669 401 496) (Company) is committed to keeping your information safe and secure. By engaging with the Company or using the Company’s application ConsultNote.ai (the App), you are giving consent to the Company to use certain personal and health information in the manner set out in this Privacy Policy (this Policy).
- For the purposes of this Policy:
Personal Information means information the Company holds which is identifiable as being about a specific individual and can include information provided by you, your employees or your clients; and
Health Information means information about an individual to provide health services and other information collected by a health professional about another individual.
- THE SERVICES
- The Company, via the App, facilitates health practitioners (Practitioners, or ‘you’) to hold consultations (Consultations) with patients (the Patients) by:
- transcribing the Consultations or other dictations using the voice-to-text API (collectively referred to as the Text-API) (the Transcription); and
- converting the Transcription into a Practitioner’s medical or health notes or other written documentation to assist the Practitioner (the Medical Notes) using the large-language-model API (the LLM-API); and
- facilitating the LLM-API to suggest medical information including but not limited to differential diagnoses and treatment advice; information regarding medicines and contraindications; suggestions about appropriate preventative health screening; suggest improvements on history taking, examination or consideration of diagnostic plans and treatments; and create custom made patient information sheets and care plans (the AI Suggestions),
collectively referred to as the Services.
- Since the App is not a cloud-based software, but rather is installed directly onto your personal device, the Health Information that you provide is not stored, collected or accessible by the Company. Instead, any Health Information or Personal Information that is provide by you in using the Transcription or Medical Notes functionality of the App will only be used by the Text-API and the LLM-API to create the Transcription and Medical Notes, and to provide the AI Suggestions. Nevertheless, any Personal Information that you provide the Company for the purposes of creating an account to use the App, will be collected by the Company for the purpose of the Services, and will only be released insofar as it is necessary to the provision of the Services to you
- COLLECTION OF PERSONAL INFORMATION
- The Company may collect Personal Information about you, and your use of the App, such as:
- information about your use of the App (including the operating system; MAC address; IP address; web or email domain used, the version of the App and language);
- information about your personal details (including, but not limited to, name; subscription details; phone contact details; address information; email; Australian Health Practitioner Regulation Agency Number; the name of your clinic; username; password; and payment information); and
- information about the kinds of services that you are accessing through the Services (including your usage, type, quantity, bandwidth and how often you access the Text-API and the LLM-API).
- Personal Information you provide may be collected from you in a variety of ways, including but not limited to: when you register for the Services; when you interact with Company electronically or in person; when you provide information to the Company as part of the Services, when you access the Services; and when Company provides the Services to you.
- Health Information you input or provide to the App, such as Patient information (including, but not limited to, medical history, age, gender, weight, height, exercise history, past and present medication and mental health information) or treatment information (including, but not limited to, differential diagnoses and treatment advice; information regarding medicines and contraindications; suggestions about appropriate preventative health screening; suggest improvements on history taking, examination or consideration of diagnostic plans and treatments; and patient information sheets and care plans are not collected by the Company, but will be collected by the Text-API and LLM-API when you use those Services. For more information regarding the terms and conditions of the Text-API and LLM-API, please see clause 5 below.
- IMPORTANT: You should not input or provide to the App any personal identifying information about a Patient when using the Transcription, Medical Notes or AI Suggestions. Instead, only input the personal identifying information about your Patient once you have completed the use of the Services as the information you input into the App for the use of the Transcription, Medical Notes or AI suggestions will be shared with the Text-API and LLM-API. For example, it is acceptable to input a Patients’ medical history, age, gender, weight, height, exercise history, past and present medication and mental health information, but do not include that Patient’s full name, telephone number, email address or any identifying information regarding that Patient.
- USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
- The Company may use the Personal Information provided by you to:
- enable your access to the Services;
- provide to you the products or services that you purchase or request as a customer;
- track usage and measure traffic statistics of the Services for internal benchmarking purposes;
- receive and/or access information from third party providers for the provision of the Services to you, such as the amount of your usage regarding the Text-API and LLM-API;
- contact you regarding your use of the Services offered by Company;
- contact you in relation to comments, complaints, enquiries or dispute resolution;
- collect payments from you; and
- communicate with third party providers or associate parties with respect to the provision of the Services, such as the Text-API and LLM-API service providers.
- The Company will not disclose the Personal Information you provide, unless it is required, incidental or otherwise related to the primary purpose of providing the Services to you or a third party for which you have consented to by engaging the Services.
- The Company in its sole discretion, may disclose the Personal Information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
- The Company is not liable for how a third party, such as the Text-API or LLM-API uses the Personal Information you input where that Personal Information has been disclosed by you and not in accordance with this Policy.
- DISCLOSURE OF THE PERSONAL INFORMATION OVERSEAS
- We may disclose your Personal Information to overseas recipients for the purposes outlined in this Policy. By providing us with your Personal Information, you consent to the transfer, storage, and processing of your information outside of Australia. The Text-API, LLM-API and payment gateway (the Third Parties) to collect your payments have servers situated around the world. Nevertheless, based on the current Text-API and LLM-API terms and conditions (the Third Party Terms), those Third Parties have servers based overseas including in the United States, the European Union and Australia.
- In accordance with the Third Party Terms as at the date of the publication of this Policy, the Third Party Terms state that they do not permanently store the data which it receives or use that data for other purposes.
- When you use the LLM-API, all data that you upload, transmit, post or publish to the LLM-API to obtain AI Suggestions or to modify, adapt, change, create and/or amend the Medical Notes will be received by the LLM-API (your Content) and will be subject to the LLM-API terms and conditions found Here and the API data usage policies found Here. Notwithstanding ConsultNote.ai has opted-out for the LLM-API to use your Content to train or improve its models at the time of publishing the Terms, the LLM-API will retain your Content for abuse and misuse monitoring purposes for up to 30 days, after which it will be deleted unless otherwise required by law or otherwise stated in the LLM-API’s terms and conditions or API data usage policies.
- When you use the Text-API, your Content will be subject to the Text-API terms and conditions and the API data usage policies. For more information, please visit Here.
- If the Third Parties notifies us of any change to the location their respective servers, or make a change to their existing Third Party Terms insofar as they relate to privacy or Personal Information, we will use reasonable endeavours to notify you of those changes within 15 business days of us receiving notice of the changes. At the time of publication of this Policy we believe that the overseas countries where the Third Parties store their data has privacy laws that are substantially similar to those contained in the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth).
- The Company will monitor and regularly review its practices related to the overseas disclosure of Personal Information to ensure ongoing compliance with this Policy and relevant data protection laws. Any breaches or concerns shall be promptly addressed and remediated.
- SECURITY OF THE PERSONAL INFORMATION
- It is important that you advise the Company of changes to any of the Personal Information that you have provided to Company in your use of the Services, as it is essential that the Personal Information is accurate, complete, and up-to-date in order for Company to provide the Services to you.
- The Company uses reasonable technical precautions and has implemented business processes to protect the Personal Information from misuse, loss, unauthorised access, modification and disclosure. However, the Company is not liable for any unauthorised access to, or dissemination of, this information.
- The Company will take all reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for the purposes of providing the Services to you and where the Company is not required to retain that information by law.
- ACCESS TO THE PERSONAL INFORMATION
- By request, you may contact the Company at privacy@consultnote.ai and ask to know what sort of Personal Information is held by the Company in relation to your use of the Services, for what purposes, and how it is collected, held, used and disclosed and you may also request access to the information held. The Company may charge, in its discretion, a reasonable administration fee for this access.
- IDENTIFIERS AND ANONYMITY
- You acknowledge that Company may retain, collect and maintain the Personal Information for statistical internal analysis purposes. You agree that the Company may share, distribute and/or transfer information which you have provided to the Company to third parties, after that information has been de-identified.
- The Company may use cookies. Cookies are very small files used to identify you when you visit our website to understand better your use of the Services. Cookies are not malicious programs that access or damage your computer. The Company uses cookies to improve the experience of people using its Services. If you do not or are unable to accept cookies from the Company, you may not be able to access the full functionality of the website or the Services.
- SENSITIVE INFORMATION
- Sensitive information includes information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
- Sensitive information will be used by Company only:
- for the primary purpose for which it was obtained;
- for a secondary purpose that is directly related to the primary purpose;
- with your consent; or
- where required or authorised by law.
- COMPLAINTS ABOUT PRIVACY
- COMPLAINTS ABOUT PRIVACY
- As a valuable customer, if you have any complaints in relation to this Privacy Policy or privacy practice, please contact the Company at privacy@consultnote.ai.
- A complaint should identify whether it is about:
- the collection of Personal Information or Health Information;
- the use of Personal Information or Health Information;
- the disclosure of Personal Information or Health Information;
- the security or storage of Personal Information or Health Information;
- the accuracy of Personal Information or Health Information;
- a refusal to give access to or provide information about the Personal Information or Health Information; or
- a refusal to change or delete Personal Information or Health Information.
- The Company values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, the Company will respond quickly to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, the Company will assess it and advise if it has changed its view or outcome. If you are unsatisfied with the final outcome, the Company will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.
- MISCELLANEOUS
- No partnership or agency
Nothing contained or implied in this Policy will create or constitute, or be deemed to create or constitute, a partnership between you and the Company. A party must not act, represent or hold itself out as having authority to act as the agent of the other party or in any way bind or commit the other parties to any obligation.
- Waivers
In limited circumstances, the Company may allow you to waive application of this Policy. A waiver of this Policy must be in writing and signed by Company. The Company anticipates that the waiver of this Policy would only be in exceptional circumstances, and the Company encourages that you consider the circumstances leading to the waiver request prior to submitting such a request.
- Governing Law & Jurisdiction
This Policy is governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in connection with this Policy, you agree that the exclusive venue for resolving any dispute shall be Melbourne, Victoria, Australia.
- VARIATIONS TO THIS POLICY
- This Policy is available online via www.consultnote.ai and by clicking the Privacy Policy link located in the App. The Company reserves the right to modify or amend this Policy at any time and for any reason, without notification.
- The Company updates this Policy from time to time by posting a new version on the website and in the App. You are taken to agree to the Policy from the time the new policy is posted on the website and in the App.
- CONTACT
- Please contact Company if you have any questions regarding this Privacy Policy.
Email: privacy@consultnote.ai
Published on 7 July 2023