SC – Customer Confidentiality Agreement

This Agreement sets out the means and protocols that need to be followed to ensure that all Customers/Clients privacy and confidentiality are protected and managed in a manner consistent with the Privacy Act 1988, any subsequent releasesand the National Privacy Principles as set out by the Privacy Commissioner.

The signatory of this Agreement has the obligation to familiarise themselves with local policies and procedures relating to confidentiality.

1. Customer/Client Privacy and Confidentiality
   • A person’s privacy will be respected and maintained in all engagements by all Customers/Clients and Enhanced Lifestyles employees.
   • Personal information collected will include only that information which is relevant and necessary to Customer/Client involvement with the services provided.
   • Customers/Clients have the right and freedom to give feedback about all aspects of their supports and services. All feedback information shall be controlled in a confidential, private and secure manner.
   • An employee will only attempt to access confidential Customer/Client information if access is a requirement of the proper performance of the employee's duties in accordance with their employment with Enhanced Lifestyles and as required by law.
   • Meetings will be conducted in private, wherever practical, and all associated and recorded information kept confidential and private.
   • Any Customer/Client who believes that there has been a breach of their privacy has the right to raise this with a Manager of the organisation. The Customer/Client also has the right to lodge their complaint with the Privacy Commissioner.
   • Customers/Clients must respect the rights of other Customers/Clients and Employees and ensure confidentiality at all times. This includes but is not limited to enquiring about the roster details of other Customers/Clients or Employees and/or discussing Customers/Clients of the service with Employees.

2. Disclosure
   • Customers/Clients have the right to know what information is being kept about them and to access their files.Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service must provide Customers/Clients with access to their personal information upon request as required by the law.
   • Customers/Clients acknowledge that subject to this Agreement, all confidential information, of which they may become aware, shall be used solely in connection with, and for the purpose of their Service Agreement with Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service.
   • Customer/Client information will not be released to another agency or person without written permission of the Customer/Client.
   • The Customer/Client agrees that they shall always use best endeavours to prevent the publication or disclosure of, or attempt to obtain:
     • any information that would directly or indirectly identify the existence of a person as being the Customer/Client or employee of Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service
     • any trade secret or secret information (including other Customer/Client information) learned by, or disclosed to the Customer/Client during and beyond the term of their Service Agreement
     • any creative, developmental, integrative or system manufacturing process or system, including but not limited to computer programs and systems relating to the business or products of Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service or the industrial or intellectual property of the Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service
     • any of the Enhanced Lifestyles and Lifestyle Assistance and Accommodation Servicebusiness dealings, transactions, finances or affairs
   • The Customer/Client must disclose information that is required for the proper performance of Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service service delivery in accordance with theirService Agreement and as required by law.
   • Delegations for disclosure and response to subpoenas must be actioned by the Executive Officer or delegate.

3. National Standards for Disability Services

Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service Customers/Clients and employees must recognise and promote human rights such as self-determination, choice, privacy and freedom from discrimination. The National Standards for Disability Services emphasise the importance of confidentiality and privacy.

4. Property Surrender

The Customer/Client will surrenderany property owned by Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service of whatsoever nature and description upon demand at any time or on termination of theirService Agreement.

5. No Claims

After a Service Agreementhas been terminated,the Customer/Client shall not promotethemselves as representing or being connected in any way with Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service business.

6. Miscellaneous Provisions
   • The parties shall each do and execute all such acts and documents as may be necessary to give effect to the provisions of this Agreement.
   • Each of the terms in this Agreement is severable.
   • The law governing this Agreement shall be the law of South Australia and the parties submit to the jurisdiction of the Courts of South Australia.

In summary:

• The Customer/Client must comply with privacy and confidentiality requirements under all circumstances.
• The Customer/Client must never disclose any confidential information to anyone (types of verbal behaviour/subjects that are unacceptable include gossiping, spreading rumours, indulging in excessive personal conversations).
• Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service owns all intellectual property.
• Customers/Clients must never try to negatively influence anyone involved with Enhanced Lifestyles and Lifestyle Assistance and Accommodation Service.