This Privacy Policy sets out how and why Abby Health Technology Pty Ltd ACN 651 158 940, a subsidiary of Dot Doctor Pty Ltd ACN 669 980 965 (“Abby Health”, “we” or “us”) collects, stores, uses, and discloses your personal information and how you may access and correct your personal information. Your privacy is paramount to us, and we are committed to protecting it.
Summary:
This Privacy Policy explains how we collect, use, and protect your personal information. By using our services, you agree to this policy. Abby Health provides a comprehensive digital health clinic that offers on-demand, affordable healthcare anywhere, anytime. By integrating advanced artificial intelligence with experienced doctors, we provide seamless care throughout the entire healthcare lifecycle. Our services include answering health-related questions, conducting symptom checks, facilitating telehealth consultations, and ensuring thorough follow-up care. Our platform http://www.abbyhealth.app (“Platform”) and the Abby Health App available on the Apple App Store (“App”) enable users to access these services.
By clicking the “I Agree” button, using our health journaling and associated services (“Services”), accessing our Platform, registering or using the App, or providing us with your personal information, you consent to your information being handled as set out in this Privacy Policy. Suppose you are accessing the Platform or App on behalf of someone else and providing personal information about that person. In that case, you agree to be bound by this Privacy Policy and represent that you have obtained the necessary consent to provide that individual’s personal information to Abby Health. Abby Health may update this Privacy Policy from time to time, so please review it periodically for changes on our website at http://www.abbyhealth.app.
Your continued use of our Services (including our Platform), requesting our assistance, or providing further personal information to us (directly or via an authorised person) after this Privacy Policy has been revised constitutes your acceptance of the revised Privacy Policy.
2. What Kind of Personal Information Do We Collect?
We only collect the personal information that is necessary and relevant to provide you with our Services, including symptom insight reports and summary reports for discussion with your treatment team and to manage the Platform and Services. This information may include:
Personal Identifiers:
- Name
- Address
- Date of birth
- Age
- Sex
- Occupation
- Contact details
- Medicare details
- Concession eligibility details
Health Information:
- Diagnoses
- Symptoms
- Medical history
- Treatment records
- Specialist reports
- Test results
- Current medications
- Allergies
- Appointment details
Support Person Information:
Contact details of any support person using the Platform or Services on your behalf
Usage Data:
Details of your use of the Platform, Services, and App, including uploaded information and communication details
Technical Data:
Statistical information about visitors, collected using cookies and other technologies, which does not personally identify you
Communication Records:
Information provided for support or troubleshooting via various communication channels. If we receive unsolicited personal information, we will review it and consider whether it is necessary for our functions. If not, we will delete or de-identify it.
3. How Do We Collect Personal Information?
We will generally collect personal information:
- Direct Collection:
- When you provide your details directly to us via text fields, audio recordings, forms, surveys, emails, phone calls, video conferences, or paper forms (e.g., “When you book an appointment through our App”)
- Support Persons:
- From a person supporting you or responsible for your care
- Third-Party Sources:
- From other members of your treating team, third-party partners, diagnostic centres, specialists, hospitals, and other healthcare providers, as permitted by law.
If you don’t provide us with certain personal information, or if you request that we de-identify personal data we hold about you, we may be unable to provide you with the Services through the Platform or App.
- From other members of your treating team, third-party partners, diagnostic centres, specialists, hospitals, and other healthcare providers, as permitted by law.
4. How Do We Hold Your Personal Information?
We take all reasonable steps to protect your personal information stored in secure electronic databases in Australia. Our security measures include:
- Physical Security:
- Secure premises with controlled access
- Electronic Security:
- Password protection varying access levels
- Encryption to protect data from unauthorised access
- Regular Updates:
- Staff confirmation of contact details
- User notifications for data updates
We retain health information as required by law and allow you to access or download your records upon request. Although we strive to secure your data, we cannot guarantee unauthorised access prevention, and we manage data breaches according to the Notifiable Data Breach (NBD) Scheme under the Privacy Act.
We retain health information as required by law and allow you to access or download your records upon request. Typically, we keep health records for a minimum of 7 years in accordance with regulatory requirements. Although we strive to secure your data, we cannot guarantee unauthorised access prevention, and we manage data breaches according to the Notifiable Data Breach (NBD) Scheme under the Privacy Act.
5. How Do We Use Your Personal Information?
We will treat your personal information as strictly private and confidential. We will only use or disclose it to provide you with our Services, or if we are required by law to disclose it or are requested to provide it, or in ways that you have authorised us or would reasonably expect in connection with our provision of the Services. You agree that we may retain or use your personal information:
- To provide you with the Services through the Platform or App, including health journaling, AI-assisted symptom analysis
- To generate symptom reports and summaries for your treatment team, including practitioners booked through the Platform
- To contact you about our Services, updates, and content of interest
- To provide user assistance, account management, and administrative communications
- For research purposes, including improving and personalising user experience
- To send you marketing and promotional messages with opt-out options
- To analyse usage data to generate aggregated, de-identified user trend reports
- To conduct verifications, credential checks, and compliance monitoring
- For quality assurance and training purposes
- To provide de-identified stories or commentary on our website and social media
- To allow controlled use of personal information by third parties with whom we have a commercial relationship, to provide you with relevant services
We will not use your personal information for purposes other than those stated without your consent.
6. When Might We Disclose Your Personal Information?
We may disclose your personal information to:
- Related Entities: Any related entity of Abby Health
- Legally Required Entities: Entities required or permitted by law, including statutory authorities, health practitioners, support teams, Medicare, emergency services, and government bodies
- Medical Practitioners and Support Teams: For sharing symptom summaries or reports (with your consent)
- Service Providers: Third parties providing services on our behalf, such as AI assistant providers, IT service providers, data storage, and web-hosting services
- Commercial Partners: Third-party partners for providing relevant services or opportunities, with statistical data provided in de-identified form
- Payment Processors: For processing payments
- Referring Entities: If you were referred by a third party for reporting and invoicing purposes
- Consent-Based Entities: Other entities with your express consent
7. Does Abby Health Use Personal Information for Direct Marketing?
We may use your personal information for direct marketing to inform you about Abby Health and related services. These communications may include emails, SMS, mail, or other forms. We will only send you direct marketing communications with your consent. You consent to this use of our Services and Platform. You can opt-out anytime by contacting us or using the provided opt-out facilities (e.g., an unsubscribe link in any marketing email).
8. How Can You Access Your Personal Information?
You have the right to access the personal and health information we hold about you. To request access, email our Privacy Officer at the details below. We will respond within a reasonable period.
Access Procedure:
Contact our Privacy Officer by email or phone. Provide the necessary identification to verify your request. We will respond within 30 days for non-urgent matters and sooner for urgent requests. Access may be denied in certain circumstances permitted by law, such as if it seriously threatens health or safety. We will explain the reasons for any denial and your options. We may charge a reasonable fee for access or correction as the law permits.
9. How Can You Correct Your Personal Information?
We strive to keep your personal information accurate, complete, and up-to-date. You can review, edit, correct, or delete any personal information you submit to us anytime.
Correction Procedure:
Log into your account on the Platform or App. Navigate to “Settings” and update your details. Alternatively, contact our Privacy Officer for assistance. Please use the details below to contact us if there are any changes to your personal information or if you believe it is not accurate, complete, or up-to-date. We will update your record accordingly.
10. Privacy Questions and Complaints
If you have questions about privacy issues or wish to complain about a breach of privacy laws or the handling of your personal information, please contact our Privacy Officer.
Complaint Handling Procedure:
Contact our Privacy Officer with details of your complaint. We will acknowledge receipt within five business days. We will investigate and respond to your complaint within 30 days. For urgent matters, please call us directly for immediate assistance. If you are dissatisfied with our response, you may refer the matter to the Office of the Australian Information Commissioner or your relevant State Privacy Commissioner.
11. Anonymity and Pseudonyms
The Privacy Act provides that individuals can choose not to identify themselves or use a pseudonym when using our Services, except where it is impracticable for us to deal with you without identification. Our Services require specific health information, so providing relevant personal information is necessary. However, you may deal with us anonymously or using a pseudonym where lawful and practicable.
Examples:
- You can choose a pseudonym for non-health-related inquiries.
- For health services, accurate personal information is necessary for quality care.
12. Finding Our Privacy Policy
This Privacy Policy is available on the Platform through a web browser at https://abbyhealth.app/privacy-policy and in the App. It may also be referenced in our communications and marketing materials.
13. Links to Third-Party Websites
Our website may contain links to third-party websites. If you click on such links, you will be transferred to the websites of these entities. Abby Health has no control over, and is not responsible for, the privacy practices of these entities. You should read the privacy policies of these entities to learn how they handle your personal information.
14. Cookies
Our Platform and App may use analytical tools and cookies to collect and track personal information. By using our Services, Platform, and App, you consent to use such technologies and cookies.
Types of Cookies:
- Necessary Cookies: Essential for the website to function.
- Functional Cookies: Enable enhanced functionality and personalisation.
- Analytical Cookies: Collect information on how users interact with the site to improve performance.
- Marketing Cookies: Track user activity to provide targeted advertising.Managing Cookies:
- You may block or restrict cookies by adjusting your internet browser settings, but doing so may affect the functionality of our Platform and App, as well as your access to the Services.
The Platform found at http://www.abbyhealth.app and any services provided over the Platform (collectively referred to as the “Platform”) are owned and operated by Abby Health Technology Pty Ltd ACN 651 158 940, a subsidiary of Dot Doctor Pty Ltd ACN 669 980 965 (“Abby Health”). Any reference to “we,” “us,” and “our” in these Terms and Conditions (“Terms”) refers to Abby Health. “You” or “user” means the individual, natural person accessing or using the Platform by these Terms.
1. Acceptance of Terms and Conditions
These Terms outline the rules for using our Platform. By clicking “I Agree,” you agree to follow these rules. Please read these Terms carefully before you use this Platform. These Terms and any other additional terms and conditions provided throughout the Platform form the Terms and Conditions for using the Platform and the terms of your relationship with Abby Health. By clicking the “I Agree” button, you acknowledge that you have read, understood, and agree to be bound by these Terms. You must not use the Platform if you do not accept these Terms. These Terms apply whenever you access the Platform or utilise the Services, regardless of how you access the Platform or interact with us, including but not limited to the internet, tablets, smartphones, mobile phones, through a web browser, or via our Apple App Store. We recognise that you may need help from support persons or your care team to use the Platform and provide information about your symptoms (“Support Person”). If you are accessing the Platform on behalf of another individual as a Support Person, “you” in your capacity will be taken to have represented to us that you have the authority to act on that individual’s behalf, and these Terms will be binding both on you and that individual.
1.4 Notification of Changes
We may revise these Terms occasionally by updating this web page. We will notify you of significant changes via email or on the Platform. Your continued use of the Platform following any changes indicates your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.
These Terms were last updated on 18 February 2025. By clicking “I Agree,” you agree to the version of the Terms and Conditions effective as of this date.
2. Overview and Services
Abby Health offers digital healthcare services using AI and experienced doctors. Services include symptom checks and Telehealth consultations. Abby Health Technology Pty Ltd (“Abby Health”) operates a comprehensive digital health clinic that provides on-demand, affordable healthcare anywhere, anytime. By integrating advanced artificial intelligence with experienced doctors, Abby Health offers seamless care throughout the entire healthcare lifecycle. Our services include answering health-related questions, conducting symptom checks, facilitating Telehealth consultations, and ensuring thorough follow-up care. Users can discuss their symptoms with Abby or consult directly with an AHPRA-registered healthcare practitioner.
Our target audience includes individuals who do not have a regular general practitioner, those managing chronic illnesses, and residents in rural areas. Our mission is to ensure these groups can access immediate, affordable healthcare with doctors familiar with their medical history.
3. Important Warning and Disclaimer
The Platform is for informational purposes and not a substitute for professional medical advice.
3.1 Medical Advice Disclaimer
Use of the platform is not a substitute for professional medical advice. The platform does not provide a formal and final clinical assessment, diagnosis, or treatment advice and is intended for information, communication, and booking purposes only. You must seek professional medical advice about your symptoms. In case of an emergency, call triple zero (000) immediately.
3.2 Information Verification
You agree that you will not rely on the Platform or information received through the Platform (including symptom reports and summaries) as medical or health advice and must verify all information in consultation with a medical professional. Always consult a qualified clinician if you have any medical issues. To the extent permitted by law, Abby Health expressly disclaims and excludes all liability for any loss, damage, cost, or expense suffered or incurred by you or any other party arising in connection with your reliance on the Platform, Services, or information generated through the Platform as medical or health advice.
4. Registration and User Account
You need a User Account to use the Platform. Keep your login details safe and notify us if you suspect unauthorised access. We will allow you to create a user account with your username and password to access the Platform (“User Account”). You must access the Platform with your User Account. Unless we authorise you, you must not share or transfer your User Account with or to any other person. You are responsible for maintaining the confidentiality of your User Account, including your username and password. You are solely responsible for the consequences of any use of your User Account and password, including by third parties, regardless of whether that use is authorised or permissible. You must notify us if you become concerned that unauthorised access has been made to your User Account, and you must take all appropriate steps to mitigate any harm unauthorised access may cause. To enable your registration to access and use the Platform and the Services, you will be requested to provide information that we may reasonably require, including personal information such as name, age, email address, phone number, and other information (“Credentials”).
4.1 In registering a User Account, you agree that:
a) you are not impersonating any person or entity;
b) you are not violating any applicable state or federal law regarding the use of personal information;
c) you are not a person prohibited from using the Platform;
d) you will provide on-demand from Abby Health, verification of your Credentials in such form as required by Abby Health and
e) any other information you provide to Abby Health (including information in your profile section of your User Account) is and shall remain accurate, trustworthy, and correct, and you will update this information held by Abby Health to reflect any changes as soon as possible.
From time to time, we may use any of your credentials to make our own inquiries (either by us or a third party engaged by us) about the completeness, accuracy, or truthfulness of your credentials and the information you have provided us. If you do not provide sufficient evidence within the time requested, we may suspend or cancel your User Account (without prejudice to any other remedies we may have). Should we suspect or identify an individual to be inappropriately or unlawfully adopting a person’s identity, we may, without notice to you, disclose that information to any relevant persons or authorities.
4.2 Support Persons
A Support Person may register a User Account using your Credentials. By allowing your Support Person to use your Credentials or User Account, you represent that you authorise them and assume all responsibility for their actions on the Platform as if they were your own. We may, at our sole discretion and without notice to you:
a) access your account solely to provide support and maintenance services and
b) suspend or terminate your account and/or refuse any or all use of the Platform (including but not limited to where you are in breach of these Terms or any applicable laws or where Abby Health or its business may be adversely affected or harmed as a result of your Uploaded Content or your continued use of the Platform and the Services).
4.3 Security Requirements:
Passwords must be at least eight characters long and include a combination of letters, numbers, and special characters.
5. Licence to Use the Platform
You are granted a limited license to use the Platform if you comply with these Terms. Subject to your compliance with these Terms, we grant to you, for the Term, a non-exclusive, non-transferable conditional licence to use the Platform in Australia for the sole purposes of obtaining the benefit of the Services subject to these Terms. In consideration for the granting of the licence under these Terms, you must not:
a) Commercially exploit or make the Platform or our Services available to any third party in any way.
b) Use the Platform or the Services for any purposes other than the purposes for which it was designed.
c) Use the Platform or the Services in any way that violates the rights of a third party or infringes any other party’s intellectual property rights or for any inappropriate, illegal, or unlawful purpose.
d) Interfere with or disrupt the integrity or performance of Abby Health, the Platform, or the Services.
e) Do any act or thing that may injure, impair, or reduce or be likely to harm, impair, or reduce the business, goodwill, or reputation of Abby Health, its public standing, or any of its clients.
f) Without our consent, set up or conduct a health sector technology company that provides services similar to those Abby Health offers.
g) Approach any of our employees directly or indirectly to influence them to cease employment with us or entice them away. The conditions upon which the above licence is granted are material terms of the Terms and shall survive for three years after termination of these Terms. All rights not expressly granted by us to you in these Terms are reserved by us and our licensors. We reserve the right to, at any time, and without prior notice, disable or remove your User Account and/or access to the Platform or the Services in case of any breach or suspected breach of this clause 5.
6. Uploaded Content
You are responsible for the content you upload to the Platform. Make sure it is accurate and lawful. To obtain the full benefit of the Services, you will need to upload information over the Platform, including personal information, information about your health history, symptoms, and any other content, information, data, text, audio, graphics, images, photographs, documents, or materials posted or uploaded to the Platform by you or on your behalf (“Uploaded Content”). You warrant and represent to us that all Uploaded Content:
a) is and shall remain accurate, true, and correct and that you will update this information as soon as possible;
b) is compliant with all applicable laws and licensing requirements, and you have obtained any necessary consents about that information;
c) does not contain any defamatory content or other illegal material;
d) does not infringe on the intellectual property of another person;
e) is not false, misleading, deceptive, or materially inaccurate in any way; and
f) does not contain links to external websites unless Abby Health has given its prior written consent.
You agree that where you request it, your uploaded content may be shared with health practitioners or service providers you nominated through a report or summary. Further information on how we collect, handle, use, and disclose your personal information may be found in our Privacy Policy. You are responsible for all your Uploaded Content. Subject to the requirements of any applicable health records legislation and the extent permitted by law, Abby Health shall not have, and expressly disclaims, any liability in connection with any Uploaded Content. You agree to indemnify us and keep us indemnified from and against any claims, loss, costs, action, liability, or damages arising from or incurred in connection with your Uploaded Content, including any claim, loss, damages, or liability that may be made against us that any Uploaded Content provided to us by you under these Terms infringes the intellectual property rights or moral rights of any third party or any law. We will not be liable for your failure to update or provide accurate Uploaded Content or the deletion, loss, or unauthorised modification of any of your Uploaded Content caused or contributed to by you. To the extent permitted by applicable laws, you acknowledge and agree that Abby Health may use, retain, disclose, or distribute to any person for any purpose, including commercial purposes, as Uploaded Content hatch has been de-identified. This clause survives the termination of these Terms.
6.1 Records of Uploaded
For these Terms, you may download and retain a copy of your Uploaded Content by contacting privacy@abbyhealth.app. While we store data that you save, including Uploaded Content, to the extent permitted by law, we make no representation or warranty that it is accurate or complete. Occasionally, we may be required to purge data to maintain the Platform and Services. On termination or expiry of these Terms, Abby Health will retain records of your Uploaded Content for at least the duration required by all applicable laws. You may access or download a copy of your Uploaded Content by contacting privacy@abbyhealth.app.
7 Data Protection Compliance
All personal information, including sensitive health information, collected, used, and disclosed through the Platform is handled in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA). We employ stringent data protection measures, including encryption, access controls, and regular audits, to safeguard your personal information.
8 User Consent
Using the Platform, you consent to our collection, use, and disclosure of your personal information as described in these Terms and our Privacy Policy. You must consent before sharing sensitive health information through the Platform. You must not use the Platform and Services if you disagree with these practices.
9 Intellectual Property
Abby Health owns the intellectual property on the Platform. You have a limited license to use it. As between you and Abby Health, Abby Health or its licensors owns all applicable rights, title, and interest in and to all intellectual property rights embodied in or associated with its software, applications, the Platform, all information uploaded to or stored on the Platform, including Uploaded Content, and the Services it provides (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the Platform, any accompanying documentation, and printed materials), subject to this clause 9. Any Intellectual Property Rights created during the Services as a result of your Uploaded Content or your use of the Services or Platform shall vest in and remain the property of Abby Health (“Created IP”). Abby Health grants you a limited, revocable licence to use the Created IP and any information uploaded to or stored on the Platform for the sole purpose (and no other purpose) of allowing you to obtain the benefit of the Services. Such licence shall terminate upon termination or expiry of these Terms and may otherwise be terminated by Abby Health at any time at Abby Health’s absolute discretion. Abby Health does not grant you any right, title, or interest in or to the Services or Platform other than as set out in these Terms. The URLs representing the Platform, “Abby Health”, trademarks, and all related logos of our products and Services described on our Platform are either subject to copyright, trademark, or existing registered trademark ownership by Abby Health (or Abby Health’s licensors) and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Abby Health. For these Terms, Intellectual Property Rights in respect of a party means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, and other trade secrets and all other intellectual property rights or derivatives thereof.
9.1 User Contributions
By uploading content to the Platform, you grant Abby Health a non-exclusive, royalty-free license to use, modify, and distribute your content to provide the Services.
10 Prohibited Use
Do not misuse the Platform or Services. Any misuse may result in the termination of your access. Crawling, spidering, or scraping of content is prohibited, except to the extent required by recognised search engines (e.g., Google)to index Abby Health’s public pages.
You may not provide unauthorised interfaces to our applications or the Platform. Notwithstanding anything to the contrary in these Terms, you must not do any of the following without our prior express written permission:
a) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising or in any way making up a part of the Platform or Services;
b) take any action that imposes an unreasonable or disproportionately large load on Abby Health’s infrastructure, including spam, DDOS, or other unsolicited mass e-mailing techniques;
c) use the Platform for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, or spam material;
d) harvest or download in bulk Platform data (including by way of web scraping, web harvesting, or web data extraction) other than as explicitly permitted by us in writing;
e) use the Platform in a way that would result in you breaching any applicable legislation or licensing obligations (including concerning privacy) or any obligations you may owe to third parties;
f) mislead or deceive others through any act or omission or make a false representation of your identity, including the impersonation of an actual or fictitious person or using an alternative identity or pseudonym;
g) publish advertising material of any kind or market any goods or services directly to other users in breach of the Spam Act 2003, Privacy Act 1988, or any other statute, code of practice, or guideline;
h) introduce any virus, worm, Trojan horse, malicious code, or other program which may damage our, or any user’s, computers, computer software, or other computer equipment; and
i) provide any part of the information included in the Services or the Platform to persons who are not authorised users of the Platform, except as permitted in these Terms.
11 Third-Party Content and Links
We are not responsible for third-party content or links on the Platform. The Platform may display, include, or make available third-party content (including data, information, applications, and other products and/or services) or provide links to third-party websites. These links and content are provided to offer references and information to help answer user questions and provide transparency on the sources of the information. You acknowledge and agree that Abby Health shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Abby Health does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. For these Terms, Third-Party Services means any services or content (including data, information, applications, and other products and/or services) provided by a third party that may be displayed on the Platform.
12 Disclaimer of Responsibility
Abby Health is not responsible for the content, accuracy, or practices of third-party websites linked to or from the Platform.
13. Use of Platform via Third-Party Apps
You must comply with their terms of use when accessing the Platform via third-party apps. You may access the Platform via a web browser or the Abby Health App on the Apple App Store. If you access or download our application from the Apple App Store, in addition to these Terms, you agree to the following additional terms made available by those third parties from time to time. This includes the Apple Application End User License Agreement.
If you access the Platform via one of these apps, you agree to abide by the above additional terms and conditions as if “you” were the licensee under those terms. If you do not agree to comply with these additional terms and conditions, you must not use the Platform via the Apple App. Abby Health is not responsible for any loss or damage arising from your use of the Platform via the Apple App Store.
14 App-Specific Terms
When accessing the Platform via third-party apps, you must comply with the terms of use for those apps.
15 Term and Termination
These Terms apply if you have a User Account or use the Platform. Either party can terminate the Terms under certain conditions. These Terms will continue to apply for so long as your User Account is open or you access the Platform or use the Services unless terminated earlier by these Terms.
15.1 Termination by us
We may terminate these Terms upon any breach by you by giving you written notice of the relevant breach if the breach has not been remedied within 14 days of such notice. For substantial violations of these Terms or persistent and repeated minor breaches, we may terminate these Terms immediately on notice to you. Abby Health may terminate these Terms immediately on notice if you cease business, become insolvent, take steps to wind up, or upon the appointment of any insolvency practitioner, trustee, or custodian to all or part of your assets or business.
15.2 Termination by you
You may terminate these Terms for convenience at any time by giving us 7 days prior written notice of your intention to terminate.
15.3 Effect of termination
Your licence to use and access the Platform and the Services will terminate immediately upon termination of these Terms.
16. Limitation of Liability
We are not liable for any indirect or consequential loss arising from your use of the Platform. Our liability is limited to $100. You use the Platform and Services entirely at your own risk. However, we provide a sound platform and keep any information secure. To the extent permitted by law, we exclude all liability for your use of the Platform and Services, including any express or implied warranties. To the extent that our liability cannot be excluded by law, the total aggregate liability of Abby Health (including any of its related entities) for damages (monetary or otherwise) arising in connection with these Terms for claims made by you or any other third party arising from the Platform or Services, is limited to $100. Despite anything else in these Terms and to the extent permitted by law, including the Australian Consumer Law, in no event shall Abby Health be liable for any indirect or consequential loss, damage, or expense (including lost profits, penalties, loss of use of data, lost sales or business, lost data, lost contracts, goodwill, business interruption) or any other such loss incurred in connection with these Terms or your use of the Platform or Services. Nothing in these Terms limits Abby Health’s liability for any matter for which it would be illegal for us to exclude or attempt to exclude, including consumer guarantees under the Competition and Consumer Act 2010 (Cth) or similar applicable laws in the states and territories of Australia. Our liability for failure to comply with consumer guarantees required by Part 3-2 of the Australian Consumer Law is limited to, at our election, the supply of the Services again or the payment of the cost of having the Services resupplied to you.
16.1 Legal Compliance:
Nothing in these Terms limits Abby Health’s liability for any matter for which it would be illegal for us to exclude, including consumer guarantees under the Competition and Consumer Act 2010 (Cth).
17 Indemnity
You agree to indemnify us for any claims arising from your use of the Platform or breach of these Terms. To the extent permitted by law, you agree to indemnify us, our related companies, officers, directors, employees, and agent from and against any claim, suit, loss, damage, liability, demand, action, expense, or proceeding (including legal fees) that we may suffer or incur as a result of or in connection with:
(a) any breach by you of these Terms;
(b) any breach by you of applicable laws;
(c) your improper use of or conduct in connection with the Platform or the Services;
(d) your reliance on the Platform, Services, or information provided through the Platform as medical or health advice;
(e) any Uploaded Content you provide; or
(f) any disputes between you and third parties about using the Platform or Services.
17.1 Detailed Indemnity Obligations
You agree to indemnify, defend, and hold harmless Abby Health, its related companies, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:
a) Your breach of these Terms.
b) Your violation of any applicable laws.
c). Your improper use of or conduct in connection with the Platform or the Services.
d) Your reliance on the Platform, Services, or information provided through the Platform as medical or health advice.
e) Any Uploaded Content you provide.
f) Any disputes between you and third parties concerning your use of the Platform or Services. This indemnity does not apply to the extent that such claims, damages, losses, liabilities, costs, or expenses are caused by the gross negligence or wilful misconduct of Abby Health.
18 Disclaimer of Warranties
The Platform and Services are provided “as is” without any warranties. We do not guarantee uninterrupted access to the Platform. Abby Health, its related companies, officers, employees, its licensors, and its suppliers provide the Platform and Services “as is” and without any warranty or condition, express, implied, or statutory, to the maximum extent permitted by law. To the maximum extent permitted by law, Abby Health, its related companies, officers, employees, licensors, and suppliers expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee continuous, uninterrupted access to the Platform and related services, and numerous factors outside of our control may interfere with the operation of the Platform and our Services. At any time and without notice, we may suspend or terminate the website's operation as necessary for maintenance, error correction, or other reasons. Abby Health disclaims any warranty that any information or data provided through the Platform is accurate, complete, or correct, including any symptom summary or insights reports generated or used by you or shared with health practitioners or members of your treating team. You are responsible for verifying all information and data provided through the Platform and for identifying any omissions, errors, or other faults in such information and data. We will use our best endeavours to ensure that access to the Platform will be free of viruses, malware, or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate security processes, systems, and procedures to protect yourself from the download of any virus, worms, Trojan horses, or other code that has contaminating or destructive qualities. We cannot guarantee or warrant that any file you download from the Platform or which we deliver to you will be free of malicious code. These Terms do not modify, restrict, or exclude any additional rights you may have under applicable laws that cannot be modified, restricted, or excluded.
The Platform and Services are provided “as is” without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
19 Privacy
We collect, use, and disclose your personal information as our Privacy Policy describes. We may collect, use, and disclose your personal information (including sensitive health information) for the purposes described in our Privacy Policy, which is available on our Platform and at https://app.abbyhealth.app/privacy-policy. Your registration and use of the Platform and Services are conditional upon agreeing and complying with our Privacy Policy. Suppose you do not agree to us collecting, using, or disclosing your personal information (including sensitive information) in the manner contemplated by these Terms and our Privacy Policy. In that case, you must not use the Platform and Services. Suppose you intend to post any personal or sensitive information on this Platform related to a third party (including their name, email address, or phone number). In that case, you must obtain their consent before doing so. If you have any questions or concerns about privacy, please contact us using the process and procedure set out in the Privacy Policy.
19.1 User Consent
Using the Platform, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.
20 Confidentiality
Confidential information shared between parties must remain confidential unless certain exceptions apply. Each party shall keep confidential and not disclose to any other party or use, except as required by these Terms, non-public information obtained from the other party, and in the case of Abby Health, as required by applicable laws; provided, however, that neither party shall be prohibited from disclosing or using information;
(i) that at the time of disclosure, is publicly available or becomes publicly available through no act or omission of the party having a confidentiality obligation under this clause;
(ii) that is or has been disclosed to such party by a third party who is not under (and to whom such party does not owe) an obligation of confidentiality with respect thereto;
(iii) that is or has been independently acquired or developed by such party;
(iv) to the minimum extent use or disclosure is required by court order or as otherwise required by law, on condition that notice of such requirement by law for such disclosure is given to the other parties before making any such use or disclosure.
20.1 Exceptions to Confidentiality
Confidential information does not include information publicly available through no fault of the receiving party or disclosed by a third party, and it is not under an obligation of confidentiality.
21. General
Additional terms regarding notices, assignment, survival of clauses, relationship between parties, and dispute resolution. The following further terms apply in respect of these Terms:
a) Without limiting the other ways we may give you notices, we may provide notices under these Terms by sending them to any email address you provide us. You will be treated as having received an email from us instantly.
b) We may assign or novate our rights or obligations under these Terms without your consent. Under these Terms, you cannot assign, novate, delegate, or subcontract any of your rights and obligations.
c) Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, doctor or health care provider, patient, employment, or similar between the parties. You have no authority to bind us or our related entities in any way.
d) If any term or provision of these Terms is held by a court to be illegal, invalid, or unenforceable under the applicable law, that term or provision will be severed from these Terms, and the remaining terms and conditions will be unaffected.
e) Failing to enforce any right or provision in these Terms will not constitute a waiver of such or any other provision.
f) Unless otherwise specified, these Terms of Use will not be interpreted to confer any rights on any third parties.
g) These Terms constitute the entire agreement between the parties, with any other agreements or representations previously existing hereby. The laws of New South Wales govern these Terms South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts hearing appeals from those courts to resolve any dispute arising from these Terms.
22 Dispute Resolution
Any disputes arising from using the Platform or the Services shall be resolved through good faith negotiations between the parties. If a resolution cannot be reached, the dispute will be subject to mediation or arbitration before litigation. Both parties agree to submit to the jurisdiction and governing law of New South Wales, Australia.
23 Severability and Waivers
The remainder remains effective if any part of these Terms is found invalid. A waiver of any right under these Terms will not be effective unless in writing.
24 Interpretation
Additional interpretive terms to ensure clarity. Unless it is inappropriate in the context, in these Terms:
a) the singular includes the plural and vice versa;
b) a reference to an individual or person includes a corporation, firm, and government body and vice versa;
c) a reference to a party includes that party’s executors, administrators, substitutes, successors, and permitted assigns;
d) any covenant, agreement, or warranty on the part of or in favour of two or more persons is deemed to bind or be in favour of them jointly as well as each of them severally;
e) the meaning of general words is not limited by specific examples introduced by ‘including’, ‘such as’, ‘for example’ or ‘even if’, or other similar expressions;
f) a reference to a document (including these Terms) includes the document as modified from time to time and any document replacing it;
g) a reference to one gender includes each gender; and
h) a provision of these Terms will not be construed adversely to a party merely because that party was responsible for preparing these Terms or including the provision in these Terms.
25 Feedback
By providing feedback, you allow us to use it to improve our services. If you provide feedback, ideas, or suggestions, or if you reply to surveys in connection with our Services (“Feedback”), you acknowledge that the Feedback is not confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with these Terms and Conditions, our Privacy Policy, and any other applicable laws. By providing feedback, you allow us to use it to improve our services, but we will always respect your privacy.
Contact: hello@abbyhealth.appGPO Box 2126, Sydney NSW 2001
To ensure a safe and respectful environment for both patients and practitioners we have a code of conduct and expectations policy.
We are committed to providing high-quality, professional, and accessible healthcare services.
By using our services, you agree to adhere to these standards.
Code of Conduct for Patients
- Respectful Communication:
- Treat all healthcare practitioners and support staff with respect and courtesy.
- Avoid using offensive, abusive, or discriminatory language during appointments or in communications with clinic staff.
- Truthful and Complete Disclosure:
- Provide accurate and complete information about your health history, symptoms, and relevant medical conditions.
- Failure to disclose necessary information may affect the quality of your care and can be considered a breach of trust.
- Always access our services using the same account to ensure continuity of care between appointments.
- Punctuality:
- Attend scheduled telehealth appointments on time. If you cannot attend, cancel or reschedule in advance.
- Repeated missed appointments without notice may result in restricted access to services.
- Technology and Privacy:
- Ensure you are in a quiet, private location during your telehealth sessions to protect confidentiality.
- Use secure devices and avoid public Wi-Fi to minimise the risk of unauthorised access to personal health information.
- Appropriate Behaviour:
- Do not record, share, or distribute telehealth sessions without explicit consent from your healthcare provider.
- Avoid inappropriate attire or conduct during video sessions. Dress and act like what would be expected during in-person consultations.
- Follow Medical Advice:
- Adhere to the treatment plans and recommendations provided by your healthcare practitioner.
- Consult with your provider before stopping or changing any prescribed treatment.
Code of Conduct for Healthcare Practitioners
- Professionalism and Respect:
- Treat all patients with dignity, compassion, and respect.
- Provide care that is patient-centred, unbiased, and inclusive of diverse backgrounds.
- Confidentiality:
- Maintain the privacy and confidentiality of patient information in accordance with applicable privacy legislation.
- Ensure that telehealth sessions are conducted privately to protect the patient’s health information.
- Clear Communication:
- Explain medical conditions, treatment options, and procedures clearly and in simple language that the patient can understand.
- Encourage patients to ask questions and be engaged in their healthcare decisions.
- Punctuality:
- Be on time for scheduled telehealth appointments. If delays are unavoidable, inform the Support Team as soon as possible.
- Provide adequate notice if a session needs to be rescheduled.
- Cultural Sensitivity:
- Be sensitive to the patient’s cultural, religious, and personal beliefs, and incorporate them into the care plan when appropriate.
- Ensure a non-discriminatory practice that respects the rights and dignity of all patients.
- Technical Competence:
- Use secure and appropriate technology to conduct telehealth sessions.
- Ensure the telehealth platform functions correctly and any technical issues are resolved quickly.
- Ethical Practice:
- Provide care in line with the medical ethics and standards governing your practice.
- Avoid any conflicts of interest or practices that compromise the integrity of care.
Consequences for Non-Adherence
- For Patients:
- Failure to comply with the Code of Conduct may result in warnings, temporary suspension, or permanent restriction from accessing our telehealth services.
- In serious violations, such as abusive behaviour or failure to provide truthful medical information, patients may be barred from further service use without prior notice.
- For Healthcare Practitioners:
- Violations of the Code of Conduct by healthcare practitioners will be subject to review. Depending on the severity, disciplinary actions may include warnings, suspension of services, or termination of employment.
- Breaches of patient confidentiality or unethical behaviour will be reported to the appropriate regulatory authorities.
Patient-Provider Agreement
By using our telehealth services, patients and healthcare practitioners agree to abide by this Code of Conduct and the policies stated herein. This ensures that everyone involved has a positive, professional, and respectful experience.
Failure to adhere to these standards may result in limited or discontinued access to the telehealth platform, with further actions taken depending on the nature and severity of the breach.
Introduction
At Abby Health Technology Pty Ltd ACN 651 158 940, a subsidiary of Dot Doctor Pty Ltd ACN 669 980 965 (“Abby Health”, “we”, or “us”), we are dedicated to protecting your privacy and ensuring the confidentiality of your personal and health information. This Patient Consent Policy explains how we collect, use, store, and disclose your information and outlines your rights and choices.
Purpose
The purpose of this policy is to inform patients about how Abby Health will handle their personal and health information and to obtain their explicit consent for the collection, use, and disclosure of this information for telehealth consultations.
Scope
This policy applies to all patients using Abby Health’s services, including the Abby Health platform and app, and any personal and health information collected, stored, used, or disclosed by Abby Health.
Types of Information Collected
We collect personal and health information necessary to provide you with our digital healthcare services. This includes:
- Personal Identifiers: Name, address, date of birth, age, sex, occupation, email, contact details and Medicare details.
- Health Information: Diagnoses, symptoms, medical history, treatment records, specialist reports, test results, current medications, allergies, and appointment details.
- Support Person Information: Contact details of any support person using the platform or services on your behalf.
- Usage Data: Details of your use of the platform, services, and app, including uploaded information and communication details.
- Technical Data: Statistical visitor information collected using cookies and other technologies.
- Communication Records: Information provided for support or troubleshooting via various communication channels.
Collection of Information
We collect personal and health information through the following:
- Direct Collection: Information you provide directly via the Abby Health platform, app, forms, surveys, emails, phone calls, video conferences, or paper forms.
- Support Persons: Information provided by someone supporting you or responsible for your care.
- Third-Party Sources: Information from other members of your treating team, third-party partners, diagnostic centres, specialists, hospitals, and other healthcare providers.
Use of Personal Information
Your personal and health information will be used for:
- Providing digital healthcare services through the Abby Health platform and app.
- Generating symptom reports and summaries for discussion with your treatment team (with your consent)
- Telehealth consultations with AHPRA registered practitioners
- Contacting you about our services, updates, and content of interest.
- Providing user assistance, account management, and administrative communications.
- Conducting research to improve and personalise user experience.
- Sending marketing and promotional messages with opt-out options.
- Analysing usage data to generate aggregated, de-identified user trend reports.
- Conducting verifications, credential checks, and compliance monitoring.
- Ensuring quality assurance and training purposes.
- Providing de-identified stories or commentary on our website and social media.
- Allowing controlled use of personal information by third parties with whom we have a commercial relationship to provide you with relevant services.
Disclosure of Personal Information
We may disclose your personal and health information to:
- Related Entities: Any entity related to Abby Health.
- Legally Required Entities: Entities required or permitted by law, including statutory authorities, health practitioners, support teams, Medicare, emergency services, and government bodies.
- Medical Practitioners and Support Teams: This is for sharing symptom summaries or reports (with your consent).
- Service Providers: Third parties providing services on our behalf, such as AI assistant providers, IT service providers, data storage, and web hosting services.
- Commercial Partners: Third-party partners that provide relevant services or opportunities with statistical data in de-identified form.
- Payment Processors: For processing payments.
- Referring Entities: If you were referred by a third party for reporting and invoicing purposes.
- Consent-Based Entities: Other entities with your express consent.
Clinical Relationship
Abby Health is not a provider of healthcare services and does not render medical or healthcare services or advice. All telehealth services accessed through Abby Health are rendered by independent Practitioners who utilise our app to offer telehealth services to patients. All Practitioners rendering telehealth services through Abby Health are AHPRA-registered Australian practitioners. Abby Health does not represent or guarantee that the Practitioners will have additional qualifications or specialist knowledge.
By using our services to receive telehealth services from a Practitioner, you acknowledge and agree that your clinical relationship is established directly and solely with that Practitioner who is independent of us. Understanding that Abby Health serves as a gateway to connect you with Practitioners is essential. However, the responsibility for your medical care lies solely with the independent Practitioner you consult. We provide no warranty or guarantee on the quality or clinical appropriateness of any medical services rendered by the Practitioners providing telehealth services or otherwise through our app. We exclude, to the extent permitted by law, any liability for any injury, loss or damage suffered by you in connection with the medical services or any other advice treatment or referrals rendered by a Practitioner providing telehealth services.
Medical Advice
Any information or content on the Abby Health website or mobile app is not intended to be medical advice. Any information contained on this website is for general information purposes only. You cannot rely on the content of this website as medical advice, and we exclude, to the extent permitted by law, any liability for any injury, loss or damage incurred by the use of, or reliance on, the information contained within the app. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this website or mobile app is provided without any guarantees, conditions or warranties regarding its accuracy.
Appropriate Services
Sometimes, a practitioner cannot assess and treat your symptoms properly by telephone or video. The Practitioner may suggest you attend a nearby medical centre for a physical assessment in such circumstances. Any decision in this regard is a matter of clinical judgment and professional expertise of the Practitioner, and Abby Health does not warrant or guarantee the nature of any treatment rendered by a Practitioner via the telehealth services. Tele telehealth services will provide no worker's compensation, medico-legal assessments, motor vehicle accident assessments, or other assessments requiring a physical examination or extended evaluation.
Access
Telehealth is a convenient way for patients to obtain video and telephone-based medical services for straightforward and non-emergency medical needs from the comfort of their homes without the need for in-person visits to healthcare facilities. The telehealth services provided through Abby Health are unsuitable for severe medical conditions or situations requiring immediate or urgent treatment. Instead, contact emergency services or visit the nearest healthcare facility without delay.
Telehealth services are only available for patients in Australia. You must not use the Platform to procure telehealth services if you are outside of Australia.
If you suffer from a hearing impairment, you are responsible for any hearing assistance required for a consultation using telehealth services.
A patient may end a consultation at any time, and practitioners may discontinue a consultation at any time or otherwise have the discretion to withhold or decline to provide treatment for reasons they consider reasonable or clinically appropriate.
Accuracy
To ensure the effectiveness of the telehealth services, you must provide complete and truthful answers to all questions asked during the consultation to ensure the appropriateness of treatment and medication. Open and honest communication is essential in ensuring optimal healthcare outcomes.
You agree to respond to all questions the Practitioner asks during the consultation process. Your accurate and comprehensive answers will assist in determining the most appropriate course of treatment for your condition.
You agree to provide accurate and thorough information in your responses and not to omit any relevant information. This includes sharing relevant medical history, symptoms, medications, and other pertinent details required to assess your condition correctly. Being transparent will contribute to a more accurate evaluation and subsequent treatment plan.
It is essential to inform the Practitioner about any new symptoms or worsening of your condition since your last attendance with a medical practitioner.
Timely reporting changes in your health status enables the Practitioner to make informed decisions regarding your ongoing care and treatment.
Medications and other treatments
Abby Health does not warrant or guarantee the safety, appropriateness, or effectiveness of any specific medication or treatment prescribed by a Practitioner during a consultation. While we facilitate the provision of healthcare services and consultations, it is essential to understand that the Practitioner decides to prescribe medication or recommend a particular treatment based on their clinical judgment and professional assessment of your specific circumstances.
During your consultation, you must discuss any concerns or questions about medications or treatments with the Practitioner. Based on their expertise and knowledge, they are best positioned to provide information and guidance.
Should you experience any noticeable side effects from any medications prescribed during the telehealth service, you should immediately schedule a further telehealth service or attend your regular primary care centre as soon as possible.
Schedule 8 and Schedule 4D (restricted substance) medicines will not be prescribed during telehealth services.
You acknowledge and understand that a Practitioner has the absolute discretion to refuse to prescribe medication, issue repeat prescriptions, or provide any other services or referrals requested by you. The decision to prescribe medication or provide specific services is based on the practitioner's clinical judgment and professional assessment, considering factors such as your medical condition, history, and the appropriateness of the requested services.
Pathology and imaging
By participating in a consultation, you acknowledge and agree to be contacted in the event that any results from a pathology or imaging test are received by a Practitioner and require a follow-up discussion. It may be that a further consultation is required to discuss the results received, in which case you will be invited to request a further consultation through the app.
To the extent permitted by law, we are not responsible for any third-party services provided in response to requests (such as pathology tests or imaging requests), other specialist referrals, or medication prescriptions made by a Practitioner arising from a consultation.
Medicare Benefits
In agreeing to use Abby Health, you agree to assign your right to Medicare benefits for services to the Service Provider who rendered the service. Your Service Provider will submit a bulk billing claim to Medicare on your behalf after each appointment that you attend.
Data Security and Retention
We take all reasonable steps to protect your personal information stored in secure electronic databases in Australia. Our security measures include:
- Physical Security: Secure premises with controlled access.
- Electronic Security: Password protection, varying access levels, and encryption to protect data from unauthorised access.
- Regular Updates: Staff confirmation of contact details and user notifications for data updates.
Health information is retained as required by law, typically for at least 7 years. Although we strive to secure your data, we cannot guarantee the prevention of unauthorised access, and we manage data breaches according to the Notifiable Data Breach (NBD) Scheme under the Privacy Act.
Access and Correction
You have the right to access and correct the personal and health information we hold about you. To request access or correction, contact our Privacy Officer. We will respond within a reasonable period and may charge a reasonable fee for access or correction, as permitted by law.
Privacy Officer
GPO Box 2126
Sydney NSW 2001
privacy@abbyhealth.app
Consent and Agreement
By using our services, you consent to collecting, using, and disclosing your personal and health information as described in this policy. You can withdraw your consent at any time by contacting us but understand that withdrawal may affect our ability to provide you with certain services.
Contact Information
For any questions about this policy or to access and correct your information, contact our Privacy Office.