Data processing schedule

Scope and instructions

This schedule is between Bilby Labs Pty Ltd and your clinic. References to your clinic include sole-practitioner practices.

Bilby Labs Pty Ltd processes practice information to provide the services described in the terms of service, including storage, retrieval, communications, integrations, support, export and deletion. Information may relate to patients, carers, practitioners, referrers, practice staff and billing contacts, and may include sensitive health information and healthcare identifiers.

The practice determines its clinical and administrative purposes and is responsible for lawful instructions and its collection notices. Bilby remains responsible for its own legal obligations. Australian obligations are not replaced by overseas controller or processor terminology.

Where your clinic uses features that involve healthcare identifiers, those identifiers are also regulated by the Healthcare Identifiers Act 2010 (Cth). Your clinic remains responsible for using identifiers lawfully. We handle them only as needed to provide the enabled features.

Confidentiality and access

Current sensitive access is limited to authorised Australian-based personnel. Necessary support and debugging access may be initiated by an authorised developer without separate practice approval. We minimise the information accessed.

Providers and locations

We use the providers described in the service provider register for their stated purposes. Core clinical records, uploads and backups are hosted in AWS Sydney. Other processing may occur outside Australia.

Security and incidents

We will maintain reasonable safeguards appropriate to the sensitivity of the information, including the encryption and access controls described on the security page.

If we become aware of unauthorised access, disclosure or loss affecting your practice’s information, we will notify your nominated contact without undue delay, provide available information about the incident and protective steps, and give material updates as the investigation progresses. We will cooperate with the practice on required notifications without restricting either party’s legal duties.

If the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth) applies to us, we will assess a suspected eligible data breach and, where required, notify the Office of the Australian Information Commissioner and affected individuals. That statutory duty is separate from our commitment to notify your nominated practice contact. We will cooperate with your clinic on notifications your clinic must make, without limiting either party’s obligations.

Requests, export and retention

We will reasonably assist your clinic in responding to applicable access and correction requests concerning information held in Bilby. If a patient contacts us directly, we will coordinate with your clinic as appropriate while meeting our own legal obligations. We will verify authority before disclosure.

Practices can export their clinical information, documents and invoices. Read-only access continues indefinitely after trial access ends or a subscription is cancelled unless the owner initiates deletion. Deletion begins with a cancellable 30-day grace period. Protected backups remain for the periods stated in the privacy policy.

Victorian clinics that provide a health service are health service providers under the Health Records Act 2001 (Vic). They must retain health information for the period in Health Privacy Principle 4.2. Bilby Labs Pty Ltd hosts that information as an organisation that holds health information. It is not a health service provider merely because it provides this software. If the practice owner completes deletion, we take reasonable steps to destroy or permanently de-identify live data we no longer need (Health Privacy Principle 4.5), subject to protected backups expiring over their stated periods and to any legal hold. Other Australian jurisdictions have their own retention rules. Your clinic remains responsible for meeting the rules that apply to it.