Your Privacy is Respected

This policy outlines how Smilefast Pty Ltd ATF The OCA (Vic) Trust (“Smilefast”)(ABN: 89 220 368 090), OrthoED Pty Ltd (“OrthoED”)( (ABN: 75 105 172 905) and OrthoED Aligner Treatment Service Pty Ltd ATF The CAPS Unit Trust (“CAPS”) (ABN: 52 625 108 508) and any subsidiaries or related entities (we, our, us) uses and manages your health information. Smilefast, OrthoED and CAPS are bound by the Australian Privacy Principles (Principles) contained in the Commonwealth Privacy Act 1988 (Privacy Act) and applicable State legislation. We will review and update this Privacy Policy on a regular basis.


We only collect personal information that is necessary for the function and activities of our business. It is our usual practice to only collect health information directly from patients or their authorised representatives. We may collect health information from a third party or a publicly available source, but only if the patient or doctor consents to such collection or would reasonably expect us to collect their health information from the third party, or if collection is necessary to provide the patient with appropriate health care. As an employer, we also collect personal information related to employment and human resource management.

This information is collected in a variety of ways, including by way of personal contact, as well as mail, telephone, email and Internet. Please note that our website does not provide systems for secure transmission across the Internet, except where indicated.

Use and disclosure

Smilefast and OrthoED only uses health information for the purposes of providing you and your patients with health care or for purposes which are directly related to providing you or your patient with health care. We will not use your health information for any other purpose unless one of the following applies:

You have consented;

The other purpose is directly related to providing you or your patient with health services and you would reasonably expect that your information may be used for that purpose; or

The use of your patient health information is required or authorised by law.

For example, we may disclose your patient’s health information to another health service provider for the purpose of providing you or your patient with health care.

Sensitive information

We will obtain your consent prior to collecting, using or disclosing any sensitive information, unless the collection of the information is required by law. Sensitive information is information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information.

Data Quality and Security

Smilefast and OrthoED takes steps to ensure that the health information we collect is accurate, up to date and complete. These steps include maintaining and updating personal and health information when you advise us that your personal information has changed. We realise that your personal information may change frequently with changes of address and personal circumstance. Please contact us promptly to inform us of any changes to your personal information.

Smilefast and OrthoED keeps hard-copy and electronic records and takes steps to protect those records against loss, unauthorised access, use, modification or disclosure, or other misuse.

We ensure that hard-copy records are kept in locked files and there are security processes in place regarding computer access. Smilefast and OrthoED have taken steps to ensure that electronic data is backed-up.

After a period of 7 years (and if you used our services as a child, you have reached the age of 25) we may destroy your records in accordance with applicable laws.

Access and Correction

If an individual requests access to health or personal information we hold about them, or requests that we change that information, we will allow access or make the changes unless we consider that there is a sound reason under the Privacy Act, or other relevant law to withhold the information, or not make the changes.

Requests for access or correction must be in writing and directed to our Privacy Officer. If you have any questions, the Privacy Officer can be contacted using the contact details below.

We charge for access to or copies of health records.

Please note that in circumstances prescribed by the Privacy Act, you may be refused access to your personal information (for example, if providing access would be unlawful or would have an unreasonable impact upon the privacy of other individuals).


Smilefast’s and OrthoED marketing functions support the growth and development of our business and provides you with information about the services we offer.

We may use your information for the purpose of direct marketing; however, we will not on-sell your personal information.

You also authorise the use of any photos, clinical records and health information to be used for research, presentation and marketing purposes; however, in such situations the personal identity of the patient will not be disclosed without your and the patient’s consent.

Sending information overseasSmilefast and OrthoED understands that you may not wish to receive marketing materials from us. If you would prefer not to receive such information, a request can easily be made to the Privacy Officer on the contact details below.

As part of maintaining your records, we may use off-site electronic data storage providers. These providers may be located offshore.

Where practicable, we will inform you about where your information is sent; however, at all times we will ensure compliance with the Australian Privacy Principles in relation to any offshore transfer of your or your patient’s information.

What happens if I don’t provide information?

Although we respect your right to privacy, if you choose not to provide us with information relevant to you for your patient care, we may not be able to provide a service to you or the service we are asked to provide may not be appropriate for your needs.

Importantly, you could suffer some harm or other adverse outcome if you do not provide information relevant to your patient care.


We take your privacy seriously. If you suspect there has been or may have been a breach of your privacy, you can complain directly to our Privacy Officer.

In the event of a privacy breach, we will comply with applicable guides or guidelines issued by the Office of the Australian Information Commissioner for the handling of privacy breaches.

If you would rather not raise the matter with us directly you can complain directly to the Office of the Australian Information Commissioner.

Privacy and general complaints about your care can also be directed to the Health Services Commissioner.


For further information about Smilefast’s and OrthoED’s management of privacy, please contact our Privacy Officer:

Smilefast / OrthoEd Pty Ltd

Phone: +61 3 9108 0475

Fax: +61 3 9108 0499


Virginia Park

236-262 East Boundary Road

18 North Drive

East Bentleigh

VIC 3165 Australia

Updates to this Policy

Our Privacy Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment.

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