Last updated: 5 November 2025

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Introduction
My Performance Doctor Pty Ltd ("Company", "We", "Us", or "Our") is committed to protecting the privacy and security of your personal data. This Privacy Policy outlines how we collect, use, disclose, and store information when you visit our website (https://www.myperformancedoctor.com/) or engage with our services, subscriptions, and medical consultations.

By using our website or services, including subscribing to our membership program, contacting us, or engaging with our healthcare services, you agree to the collection and use of information in accordance with this Privacy Policy.

This Privacy Policy should be read in conjunction with our Membership and Subscription Agreement, which sets out additional terms regarding the collection, use, and disclosure of health and personal data within our practice.

1. Interpretation & Definitions

The definitions in this Privacy Policy align with those found in our Membership and Subscription Agreement, including:

• Company: My Performance Doctor Pty Ltd, ABN 39642071556.
• Patient: Any individual who subscribes to our services or receives healthcare advice.
• Service: The website, membership, consultations, and medical care offered.
• Personal Data: Any identifiable information about you, including medical history and subscription details.
• Health Data: Any medical or biometric information collected, including wearable device data, test results, and prescriptions.
• Cookies: Data files used for analytics and website functionality.

2. Data We Collect

We collect Personal Data to provide and improve our services. This may include:

A. Directly Provided Data

• Full Name
• Residential Address
• Email Address
• Phone Number
• Billing and Payment Information
• Health Information (as part of our medical services)
• Prescription and Treatment History

B. Automatically Collected Data

• Usage Data (IP addresses, browser type, device details, referral source)
• Cookies & Tracking Data (See Section 5: "Cookies and Tracking")

C. Health and Medical Data

As part of our membership and medical consultation services, we may collect:

• Data from wearable devices (blood pressure monitors, smartwatches, etc.)
• Biometric tracking (sleep patterns, heart rate, weight, etc.)
• Prescribed treatments & test results
• We may record video or telephone consultations for the purposes of clinical documentation, transcription accuracy, and quality improvement. Patients may request not to have their consultations recorded. All recordings are stored securely and accessed only by authorised clinical staff.

We only collect health data with your explicit consent, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

3. Legal Basis for Processing Data

Under Australian Privacy Laws (APPs), GDPR (for EU users), and CCPA (for California users), we process data based on:

• Consent – You provide consent when subscribing, engaging in consultations, or sharing health data.
• Contractual Necessity – Required for providing medical advice, memberships, and subscriptions.
• Legal Obligations – Compliance with medical, tax, and regulatory obligations.
• Legitimate Interests – Data is used to enhance service offerings and improve patient care.

4. How We Use Your Data

We use Personal Data for the following purposes:

A. Providing Our Services

• Managing your subscription and membership
• Scheduling and conducting telehealth and medical consultations
• Storing and analysing health-related data
• Processing payments for subscriptions

B. Communication & Support

• Sending appointment reminders, updates, and medical reports
• Responding to enquiries, support requests, and feedback
• By using our services, you consent to receiving medical results, referrals, and other confidential communications via secure electronic channels, including SMS and email. You may withdraw this consent at any time by written request.

C. Business & Compliance

• Ensuring regulatory compliance (AHPRA, TGA, Medicare, GDPR, and CCPA)
• Internal research and service improvements

5. Cookies & Tracking

We use cookies and analytics tools (Google Analytics, Facebook Pixel, etc.) to enhance user experience and track website performance.

• Essential Cookies: Required for website functionality
• Analytics Cookies: Track how users interact with our services
• Marketing Cookies: Help us deliver targeted content

You can manage cookie settings in your browser preferences.

6. Data Sharing & Third-Party Services

We never sell your personal data. However, we may share data with:

A. Healthcare & Subscription Services

• Medical Practitioners & Staff (For continuity of care)
• Patient Experience Managers (PEMs) may have access to patient records, communications (including calls, messages, and appointment notes), and relevant health data as necessary to provide coordinated care and support. All access is granted on a strict 'need-to-know' basis, ensuring confidentiality and compliance with the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs).
• Wearable Device Platforms (Heads Up Health, Biocanic, etc.)
• Pathology and Diagnostic Services

All doctors and Patient Experience Managers (PEMs) operate under the same medical entity and privacy framework. Information may be shared internally between treating practitioners and PEMs for continuity of care, case management, and clinical review. Access is restricted to authorised personnel on a legitimate “need-to-know” basis.

B. Service Providers

• Payment Processors (e.g., Stripe, Direct Debit)
• Hosting and Data Storage (AWS, Google Cloud, or similar providers)

Direct debit and subscription payments are processed through secure third-party providers in accordance with PCI-DSS standards. Payment details are encrypted and not stored by My Performance Doctor.

C. Legal & Compliance

If required by law, we may disclose data to government authorities or law enforcement.

7. Data Storage & Security

We use industry-standard encryption and cybersecurity protocols to protect your data.

• Where is your data stored? Secure servers within Australia and other countries where necessary.
• How long is your data kept?
  
  • Health records: 7 years (legal requirement)
  • Subscription data: Stored while active + 12 months
  • Analytics data: Retained for internal business use

In the event of a data breach likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) in accordance with the Notifiable Data Breaches Scheme under the Privacy Act 1988.

8. International Data Transfers

If you access our services from outside Australia, your data may be stored and processed in jurisdictions with different data protection laws.

We ensure data security through binding contractual safeguards (GDPR-approved clauses).

9. Your Rights (Australian Privacy Act & GDPR Compliance)

You have the right to:

• Access your data
• Request corrections to inaccurate information
• Withdraw consent (for non-essential data processing)
• Request data deletion (where applicable)

To exercise your rights, email: team@myperformancedoctor.com

10. Health & AI Data Usage

We may use de-identified patient data to improve AI-driven medical research and healthcare models.

• All AI-processing is compliant with the Privacy Act 1988
• Your identifiable medical records are NOT shared without explicit consent

If you do not wish to participate in AI-driven research, you may opt out at any time.

11. Children's Privacy

Our services do not target individuals under 13 years of age. We do not knowingly collect data from children without parental consent.

12. Marketing & Communication Preferences

• Opt-out of promotional emails via the unsubscribe link.
• Manage cookie tracking through your browser settings.

13. Changes to This Privacy Policy

We may update this Privacy Policy periodically. You will be notified via:

• Email notification (if subscribed)
• Website announcement

Last updated: 5 November 2025

14. Contact Information

If you have any questions about this Privacy Policy, please contact us:

📧 Email: team@myperformancedoctor.com

📞 Phone: +61-483-930-954

15. Policy Governance

This Privacy Policy is maintained by My Performance Doctor’s Data Protection Officer and reviewed annually to ensure compliance with Australian Privacy Principles and any applicable overseas regulations.

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