Terms and Conditions of Use (First Draft)
Last Updated April 2022
PHN PIP App Terms and Conditions of Use
All data and outputs from the PHN PIP App contain confidential information and are OFFICIAL: Sensitive for the purposes of the Australian Government Protective Security Policy Framework. All data and outputs from the PHN PIP App must be handled in accordance with that Framework and the PHN PIP App Data Use Policy and must also be handled as personal information within the meaning of the Privacy Act 1988.
In these Terms and Conditions of use:
· the terms ‘You’ and ‘Your’ refer to you as an approved, authenticated user of the PHN PIP App.
· the term ‘Department’ refers to the Commonwealth of Australia as represented by the Department of Health ABN 83 605 426 759;
· the term ‘PHN Portal’ refers to the Department’s secure web-based IT application that allows the publishing and exchange of health data.
· the term ‘PHN PIP App’ refers to the Primary Health Network Practice Incentive Program Application used for submission and viewing PIP information relevant to your PHN; and
· the term ‘Confidentiality Obligations’ refers to Your confidentiality obligations set out in the confidentiality deed poll or undertaking that You have made in favour of the Department and any other binding confidentiality obligations relevant to or in relation to your access to the PHN PIP App (including confidentiality obligations agreed by Your employer).
Access to the PHN PIP App has been granted to You for the sole purpose of undertaking PHN PIP QI Eligibility submission data and / or viewing data of PIP QI data relevant to your PHN.
The Department may, in its discretion, update these Terms and Conditions of use without notice.
By continuing to use the PHN PIP App, You accept the Terms and Conditions of use as they apply from time to time and acknowledge that You have an ongoing need to access the PHN PIP App.
Failure to comply with these Terms and Conditions of use may, at any time, result in Your account being suspended or terminated.
Your obligations
1. Your use of the PHN Portal is restricted to Australia. You must not attempt to access or use the data within the PHN PIP App from outside of Australia.
2. You must use the PHN PIP App for the above specified sole purpose only, in accordance with these Terms and Conditions of use, any conditions posted by the Department on the PHN Portal, and Your Confidentiality Obligations.
3. You are responsible for ensuring all information obtained from the PHN PIP App is stored securely and protected from compromise or unauthorised disclosure.
4. You must immediately notify the Department if You believe, or are made aware, that the information in Your possession has or may have been compromised or disclosed without authorisation.
5. You must take all actions that the Department reasonably deems necessary to maintain the security of the PHN PIP App.
6. You are responsible for protecting the security of Your account credentials (that is Your username and password) and must ensure they are kept secure and confidential at all times. Disclosing Your account credentials to a third party is a security risk and could result in Your account being terminated. The Department reserves the right to suspend access to, or to terminate, Your account at any time.
7. You must immediately notify the Department should You become aware of any unauthorised use of Your account credentials or any other security breach.
8. You must not disclose, distribute, re-transmit or make available any information obtained from the PHN PIP App other than as permitted by Your Confidentiality Obligations.
9. You must not, and must not attempt to, match, link or integrate data from the PHN PIP App with any other data, or undertake, or attempt to undertake, activities that could reasonably lead to the re-identification of confidential data from the PHN PIP App.
10. You must not attempt to undermine the security or integrity of the PHN PIP App, or gain unauthorised access to the Workforce Planning Product and data within the PHN PIP App.
11. You are responsible for maintaining and ensuring Your account registration and authentication details are true, accurate, current and correct.
12. To maintain the security and integrity of the PHN PIP App, You will be automatically signed out if:
i. Your current session is inactive for 30 minutes; or
ii. You navigate to an external website.
13. You must provide written notification to an authorised person of the Department when You cease to legitimately require access to the PHN PIP App.
14. If You breach, or the Department suspects that you have breached or may breach, any of these Terms and Conditions of use or that You are or may be engaging in fraudulent, immoral or illegal activities, the Department may by notice, without limiting its rights:
i. terminate or suspend Your access to the PHN PIP App.
ii. terminate or suspend Your access to the PHN Portal.
iii. refer You for investigation; and/or
iv. pursue legal action.
15. You acknowledge that Your access to, and use of, the PHN PIP App is subject to applicable Commonwealth legislation (including the Crimes Act 1914 (Cth), the Criminal Code Act 1995 (Cth), the Privacy Act 1988 (Cth), the Health Insurance Act 1973 (Cth) and the National Health Act 1953 (Cth)), and that penalties may apply for misuse of information obtained from the PHN PIP App.
16. Your use of the PHN Portal will be logged for the purpose of security and usage monitoring (including monitoring Your compliance with Your Confidentiality Obligations).
17. If any of these Terms and Conditions of use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions of use will continue in full force and effect.
Disclaimers
The PHN PIP App is hosted on a web server in Canberra in the Australian Capital Territory (ACT). These Terms and Conditions of use are governed by the law in force in the ACT and any dispute about these Terms and Conditions of use, or the content of the PHN PIP App, are subject to the exclusive jurisdiction of the courts of the ACT and the courts of appeal.
The Department may at any time change the content of the PHN PIP App, including removal of any materials held in the PHN PIP App, in its sole discretion and without notice.
The Department cannot guarantee, and assumes no legal liability or responsibility for, the accuracy, currency, completeness or interpretation of any of the materials in the PHN PIP App.
Data or information exported out of the PHN PIP App is no longer within the security controls of the PHN PIP App. It is, therefore, Your responsibility to ensure the data or information is stored and handled in accordance with all laws applicable to You and the PHN PIP Data Use Policy.
The Department recommends You use an appropriate and up-to-date firewall and anti-virus software to protect Your systems.
You agree that Your use of the PHN PIP App is entirely at Your own risk, and You have made Your own assessment on the risks of access and use of the PHN PIP App and its data.
To the maximum extent permitted by the law, the Department excludes all liability and responsibility to You for any loss or damage resulting, directly or indirectly, in connection from use of, and reliance on the PHN PIP App or its data.
The Department may, for the purpose of administering the PHN PIP App, collect, use and disclose personal information about You. Unless you provide this information, you will not be able to access the PHN Portal. More information about how the Department will handle Your personal information is available in the Department’s APP privacy policy and PHN PIP App Privacy Statement.
The Department reserves the right to sever links to external websites or systems where the connection is outside the control of the Department and compromises the objectives of the PHN PIP App.
Terms and Conditions of Use
Last Updated April 2022