Essence Communications Limited – Privacy Policy

1. Our Privacy Commitment

We are committed to being open and transparent about how we manage your personal information.

Our Privacy Policy aims to communicate, in the clearest way possible, how we treat your personal information. We encourage you to read this Privacy Policy carefully. It will help you make informed decisions about sharing your personal information with us.

At Essence we have a few fundamental principles:

  • We will always collect, store, use and disclose personal information in accordance with all applicable privacy laws. However, we have also put in place this Privacy Policy to protect personal information you submit or we collect.
  • We will only use your personal information when it is necessary for us to deliver you our services or perform other necessary business functions and activities.
  • We will not use or disclose your personal information for purposes unrelated to our business activities and the services we provide, unless we first obtain your consent.

2. Privacy Policy

This Privacy Policy outlines how we comply with our privacy obligations under applicable laws.

We are bound by the requirements of those laws, which regulate how we may collect, store, use and disclose your personal information. Those laws also specify other requirements, such as how individuals may access, correct and delete personal information held about them.

In this Privacy Policy when we say “personal information” we mean identifiable information about you, such as your name, email, address, telephone number and so on. When we say “sensitive information” we mean a special category of personal information including health information or information relating to your racial or ethnic origin, political opinions, religious beliefs, genetic data, and so on.

Reference in this Privacy Policy to “we“, “us“, “our” and “Essence” collectively refers to Essence Communications Limited and its related companies and affiliates.

3. Your Consent

Essence is a specialist marketing and communications agency for healthcare professionals that utilises your data and/or data collected by us through the operation of voluntary healthcare programmes to provide creatively-engaging, patient-focused communications that combine strategic insights, broad healthcare expertise and world-class creativity in our technology and related products and services (“Services”). Our business relies on the collection of personal information that is submitted by you, or with your authority, to enable us to provide you with our Services.

By using our Services, visiting our website or otherwise providing your personal information to us, you consent to our collection, storage, use and disclosure of your personal information in accordance with this Privacy Policy.

4. Changes to this Privacy Policy

We may amend the terms of this Privacy Policy from time to time and will notify you of any changes by posting an updated version on our website or by sending you a notice via email. It is your responsibility to check this Privacy Policy periodically for changes and to keep your email address current.

Your continued access and use of our Services following notification of any changes to this Privacy Policy constitutes acceptance of those changes. If you do not agree with any aspect of the updated Privacy Policy, you must immediately cease all use of our Services and tell us.

 5. Information we collect

Information you provide to us directly: Our usual practice is to collect personal information directly from you, when you complete any form, including online forms, register to use our Services, or provide any other information in connection with your use of our Services. A few examples include:

  • Your name, address, email address, telephone number and payment details.
  • Demographic information: gender; date of birth; age.
  • Contact details: correspondence address; telephone number; email address.
  • Health information: your nominated healthcare professional.

If you provide us with information about other individuals in connection with the Services, you agree to only do so where you have collected the requisite consent from all relevant individuals under applicable laws in order for us to receive, store, use and disclose that information in accordance with the Services and other matters described in this Privacy Policy.

Sensitive information: We may collect or obtain sensitive information including health information directly from you, from your nominated healthcare professional or from other sources if you have provided us with your authorisation (e.g. your medical history, health services provided to you or information about which is incidental to your enrolment and participation in any of our Services).

Information we get from third parties: We may collect or obtain personal information from authorised third parties (e.g. credit reference agencies, law enforcement agencies). This includes information such as public information, references, or background checks such as credit and criminal record checks.

Information we collect automatically: We may collect personal information about you automatically when you visit our websites or use our Services, like your IP address and device type. Some of this information may be collected using cookies and similar tracking technologies.

Information we create in the performance of the Services:  We may also create or obtain personal information, such as evaluative records about your interactions with us, and any interactions we have with others on your behalf.

Information you make public: We may collect or obtain your personal information that you manifestly choose to make public, including via online channels such as social media (e.g. LinkedIn, Facebook etc.)

You can always choose not to provide your personal information to Essence, but it may mean that we are unable to provide you with the Services.

6. How is your personal information processed?Where we collect personal information, we will only process it:

  • to perform a contract with you; or
  • where we have legitimate interests to process the personal information and these interests are not overridden by your rights; or
  • in accordance with a legal obligation; or
  • where we have your consent.

Essence collects your personal information so that we can provide you with the Services and any related services you may request. In doing so, we may use the personal information we have collected from you for purposes related to the Services including:

  • to process, administer and manage the Services we provide to you. This may include verifying your enrolment and consent, assessing your continuing eligibility, providing counselling services in relation to the Services, contacting you about any adverse health effects in relation to the Services;
  • to help us develop, improve, enhance, administer and facilitate our Services and business operations;
  • to process your personal information for Essence’s internal business purposes;
  • to verify your identity and user details;
  • for general internal purposes (such as record keeping, database management, billing);
  • to assist with the resolution of any issues relating to the Services;
  • to liaise with your authorised healthcare professional for the purposes directly related to our patient support programmes which you are enrolled in;
  • to comply with all laws and regulations in all applicable jurisdictions; and
  • to communicate with you.

We may also anonymise and aggregate your personal information with other data and use it in a manner in which you cannot be identified.

By using the Services, you consent to your personal information being collected, stored, used and disclosed in this way and for any other use you authorise. Essence will only use your personal information for purposes described in this Privacy Policy, or with your consent.

7. When will we disclose your personal information?

Your personal information will not be sold, traded rented or otherwise provided to others without your consent.

We will only disclose your personal information outside Essence and its related companies if it is necessary and appropriate to facilitate the purpose for which your personal information was collected pursuant to this Privacy Policy, including the provision of the Services, or a directly related purpose. For example, we may disclose your personal information to persons involved with the Services, such as Amgen (in relation to self-reported adverse events or to improve positive health outcomes) or your nominated General Practitioner. You consent to these authorised recipients contacting you in relation to the Services.

We will not otherwise disclose your personal information unless we believe on reasonable grounds that you have provided your authorisation. However, you should be aware that we may be required to disclose your personal information without your consent in order to comply with any court orders, subpoenas or other legal process or investigation including by tax authorities, if such disclosure is permitted or required by law. Where possible and appropriate, we will notify you if we are required by law to disclose your personal information.

8. International data transfers

In connection with providing the Services, you accept that your personal information may be disclosed to recipients in, or transferred to, or processed in, countries other than Australia and New Zealand. We may provide your personal information to third parties in countries other than Australia and New Zealand if we have reasonable grounds to believe the recipient is required to protect your personal information in a way that, overall, provides comparable safeguards to those required by New Zealand’s privacy laws.

However, there may be differences between New Zealand’s privacy laws and those of the overseas locations in which we may store and process your personal information. If we cannot ensure that recipients in those locations are required to protect your personal information using comparable safeguards to those under New Zealand’s privacy laws, then we will only provide your personal information to recipients in those locations if you authorise us to do so.

For further information, please contact us using the details set out in the contact section below.

9. Storage and Security

We are committed to protecting the security of your personal information and we take reasonable precautions to protect it from unauthorised access, modification or disclosure.

Essence implements and maintains organisational and technical security measures that are designed to provide reasonable protection against the loss, interference or misuse of your personal information and to prevent unauthorised access, modification or disclosure of that information.

 10. What about links to other websites?

Our website may contain links to other websites that are not under our control. These websites may use cookies. It is the responsibility of those third parties to collect appropriate consents from you in order to permit their own cookies (to the extent this is required by law) and to inform you about the cookies they use. You should check the privacy policy on all third-party websites to ensure you are comfortable with third party cookies.

We have no responsibility for linked websites and provide them solely for your information and convenience. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements, representations or warranties about their accuracy, content or thoroughness. Your disclosure of personal information to third party websites is at your own risk.

11. Email, Text and Telephone Communications

We are committed to full compliance with the Unsolicited Electronic Messages Act 2007.

By subscribing to emails and/or text communications, or otherwise providing your email address and/or mobile number, you consent to receiving emails and/or texts (as the case may be) which promote and market our products and services, or the products and services of others, from time to time.

You can unsubscribe from our email communications and/or text communications at any time by clicking the unsubscribe link in any promotional or marketing email or text received or by emailing privacy@essenceagency.co.nz

Once you have unsubscribed from the email or text communications, you will be removed from the corresponding marketing list as soon as is reasonably practicable.

12. Your rights to access or correct your personal information

It is your responsibility to ensure that the personal information you provide to us is accurate, complete and up-to-date.

You may request access to the personal information we hold about you, request that we update or correct any personal information we hold about you, ask us to restrict or cease processing your personal information or even delete your personal information, by setting out your request in writing and sending it to us at privacy@essenceagency.co.nz

We will review your request as soon as reasonably practicable to comply with our legal obligations. If we are unable to give you access to the information you have requested, we will give you reasons for this decision when we respond to your request.

13. Retention

The length of time we keep your personal information depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with a service you’ve requested or to comply with applicable legal requirements such as money laundering and financial reporting legislation).

We’ll retain your personal information for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our internal retention policies and practices. Following that period, we’ll make sure it’s deleted or anonymised. Otherwise, as a general rule, we only keep your personal information for as long as we require it for the purposes of providing you with our Services.

14. Privacy Officer

We take your concerns seriously. If you have any concerns about privacy or the use or collection of your personal information by Essence please contact our Privacy Officer at privacy@essenceagency.co.nz and include the words ‘ATT: THE PRIVACY OFFICER’.

We will respond as quickly as possible (our target response is 20 working days) and handle all complaints in a way that is fair and consistent. However, if you remain dissatisfied, you can make a formal complaint with Office of the Privacy Commissioner (www.privacy.org.nz).

This Privacy Policy was last updated on 14 December 2022.