Fulgent Australia Pty Ltd (ABN 32 667 729 571) (Fulgent) is a genomic testing company with a focus in oncology, anatomic pathology, infectious and rare diseases, and reproductive health. Fulgent recognises the importance of your privacy and understands that the security of your personal information is important to you.
This Privacy Policy explains how Fulgent manages the personal information that we collect, hold, use and disclose and how to contact us if you have any further queries about our management of your personal information. This Privacy Policy applies to you only to the extent that the collection and handling of your personal information by Fulgent is subject to the Privacy Act 1988 (Cth) (Privacy Act) and any applicable State/Territory health records legislation (Health Records Acts).
Background
Where the collection or handling of your personal information by Fulgent is subject to the Privacy Act, Fulgent must comply with the requirements of that Act. The Privacy Act regulates the manner in which personal information is handled throughout its life cycle, from collection to use and disclosure, storage, accessibility, and disposal. Fulgent is also subject to the Health Records Acts to the extent it is handling health information and/or providing a health service in Victoria, New South Wales and/or the Australian Capital Territory.
Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not. Special provisions apply to the collection of personal information which is sensitive information. This includes health information and information about a person's race, ethnic origin, political opinions, membership to political, professional or trade associations, religious or philosophical beliefs, sexual preferences, and criminal history. In this Privacy Policy, all references to personal information include sensitive information unless indicated otherwise.
What personal information does Fulgent collect?
In the course of business, Fulgent may collect personal information about you that is necessary for us to perform our functions and activities. Fulgent will only collect personal information about you by lawful and fair means and not in an unreasonably intrusive manner.
Fulgent may collect personal information about a range of individuals including patients, healthcare professionals, job applicants, employees, and contractors of Fulgent. The types of personal information we may collect and hold may vary depending on the nature of our interaction with you and may include:
- identifying and contact information (such as name, Tax File Number, date of birth, address, email address, and phone number);
- health information relevant to us providing services to you, including body samples and genetic information;
- racial and ethnic background;
- genetic sex and sexual preferences and practices;
- personal and family history, including your reproductive partner's history;
- Commonwealth government identifiers (such as Medicare numbers);
- credit card and payment details; and
- information about treating/referring healthcare providers.
How does Fulgent collect personal information?
Fulgent may collect your personal information in a number of ways, including via paper and online test requisition forms and through various correspondence (written or verbal) with you.
If you are a patient, Fulgent typically collects your personal information from your treating healthcare professional, health service provider or hospital, or from your pathology service provider, through the referral process.
If you are a healthcare professional, Fulgent typically collects your personal information directly from you through your referral to Fulgent or through referral sources from third parties.
If you are a job applicant, employee, or contractor, we typically collect your personal information directly from you. If you are a job applicant, we may also collect your personal information from third parties such as recruitment agencies and your referees.
For what purposes does Fulgent collect, hold, use and disclose your personal information?
In general, Fulgent collects, holds, uses and discloses personal information for a range of purposes, including the following:
- to provide health services to patients, including the provision of genetic testing, analysis of specific diseases, variants or genetic conditions, the filtering, prioritisation, and curation of variants and the assessment of reproductive or clinical risk;
- to invoice and process any fees payable in relation to services rendered;
- to contact you and manage our relationship with you;
- for clinical auditing, quality control, and proficiency testing purposes;
- to verify and update personal information held by us;
- to review, develop, and improve our services;
- for sales and business development activities;
- to recruit, train, and manage personnel;
- to comply with legal or regulatory obligations; and
- for other purposes required or authorised by or under law, including purposes for which you have provided your express or implied consent.
Our range of services and our functions and activities may change from time to time.
If you provide your email address, telephone and/or mobile phone number, you also consent to Fulgent using your email address, telephone and/or mobile phone number to contact you (including by telephone call, SMS or email) for any of the above purposes.
To whom may Fulgent disclose your personal information?
In order to carry out the above purposes, Fulgent may disclose your personal information to other persons or organisations including:
- if you are a patient, to the healthcare professional or service provider who requested us to provide you with our services;
- to the organisation that is funding the provision of our services to the patient;
- to our related body corporate, Fulgent Therapeutics LLC, in the United States to process certain samples and perform certain genetic testing services;
- to other Fulgent related bodies corporate (including the United States and China) to provide technical support and services to Fulgent;
- to other third party persons or organisations engaged by Fulgent to assist Fulgent in carrying out its services, functions and activities such as clinical genetics software providers, genomic sequencing providers, IT support providers and professional advisors.
- to government agencies such as Medicare Australia.
We may also use your personal information on a de-identified and aggregated basis to enable us to undertake research, for educational purposes, to train and educate our personnel and generate insights in relation to our services.
We may share your personal information with parties involved in a prospective or actual transfer of all or part of Fulgent's assets or business.
What happens if you don't provide Fulgent with your personal information?
If you do not provide personal information requested of you to Fulgent, we may be unable to provide you with the services you request of us.
How does Fulgent hold your personal information and manage the data quality and security of your personal information?
Fulgent generally stores your personal information electronically in Australia and the United States of America.
To the extent required by the Privacy Act and any applicable Health Records Acts, Fulgent will take reasonable steps to:
- make sure that the personal information that we collect, hold, use and disclose is accurate, complete and up to date; and
- protect the personal information that we hold from misuse, interference and loss and from unauthorised access, modification, or disclosure.
Subject to the requirements of the Privacy Act and any applicable Health Records Acts, Fulgent will take reasonable steps to ensure that personal information that is held, which is no longer required, including under any contractual or legal requirement, is destroyed or de-identified in a secure manner.
Does Fulgent transfer personal information outside of Australia?
Fulgent is part of a global business, and Fulgent Therapeutics LLC, along with several of its subsidiaries, are headquartered in the United States of America. As such, Fulgent may disclose your personal information to its related bodies corporate, including in the United States of America and China, to assist it to perform its services, functions, and activities. For example:
- our related body corporate, Fulgent Therapeutics LLC, in California in the United States of America processes certain samples and performs certain genetic testing services for Australian patients; and
- our related body corporate, Fulgent Investment Development Limited, via its subsidiary in China, provides technical support to Fulgent for its operations.
- our various third-party service providers, mainly located in the United States, assist with certain technical, testing, and billing processes.
In the event that Fulgent transfers your personal information outside Australia, we will comply with the requirements of the Privacy Act that relate to transborder data flows.
Direct marketing
If you are a healthcare professional, Fulgent may use your personal information to contact you (including by telephone call, SMS, email or mail) in relation to products, services or other offers we think may be of interest to you. This may include products, services or other offers of Fulgent or third parties with whom we have a relationship.
You may opt-out of receiving marketing information from Fulgent at any time by contacting us using the contact details, which appear immediately below under the heading "How can you access or correct your personal information and contact Fulgent?" or by using the unsubscribe link in any email or SMS which you receive from us.
How can you access or correct your personal information and contact Fulgent?
Please contact us if you would like to seek access to, or request that we correct, the personal information we hold about you:
- By mail: Level 1, 182 Fullarton Rd Dulwich SA5065
- By email: privacy@fulgentgenetics.com
Fulgent will generally provide you with access to your personal information if practicable, and will take reasonable steps to amend any personal information about you, which is inaccurate or out of date. In some circumstances and in accordance with the Privacy Act and applicable Health Records Acts, Fulgent may not permit you access to your personal information, or may refuse to correct your personal information, in which case we will provide you reasons for this decision.
How Fulgent Handles Complaints
If you have any concerns or complaints about the manner in which your personal information has been collected or handled by Fulgent, please advise us of your concern or complaint in writing by sending it to privacy@fulgentgenetics.com. Your concern or complaint will be considered and/or investigated, and we will respond to your complaint within a reasonable time.
It is our intention to use our best endeavours to resolve any complaint to your satisfaction. However, if you remain dissatisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC). To lodge a complaint with the OAIC:
- Fill out a complaint form online at www.oaic.gov.au; or
- Send the complaint form by:
- Email at enquiries@oaic.gov.au;
- Mail to GPO Box 5218, Sydney NSW 2001; or
- Fax to 02 9284 9666.
Further information
Further information about the application of the Privacy Act can be found at the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.
Further information about the application of:
- the Health Records Act 2001 (Vic) can be found at the website of the Health Complaints Commissioner at www.hcc.vic.gov.au
- the Health Records and Information Privacy Act 2002 (NSW) can be found at the website of the Information and Privacy Commission NSW at www.ipc.nsw.gov.au
- the Health Records (Privacy and Access) Act 1997 (ACT) can be found at the website of the ACT Human Rights Commission at www.hrc.act.gov.au
Changes to our Privacy Policy
This Privacy Policy is effective from November 20, 2024. As this Privacy Policy is updated from time to time, to obtain a copy of the latest version at any time, you should visit our website at www.fulgentgenetics.com.au/policies/privacy-policy or contact us using our contact details above.