Patient Content & Consent Policy
Last updated: 17th Sep 2025
This Patient Content & Consent Policy ("Policy") explains how SmileOS Pty Ltd ("SmileOS", "we", "us", "our") and participating clinics obtain, manage, and use patient content, including photographs, videos, testimonials, and treatment information. This Policy forms part of the SmileOS Terms and Conditions and Privacy Policy.
1. Purpose
1.1 We value transparency and patient rights. This Policy ensures that the collection, use, and publication of patient content complies with:
(a) The Privacy Act 1988 (Cth) and the Australian Privacy Principles.
(b) AHPRA advertising guidelines.
(c) TGA requirements relating to health advertising and product promotion.
2. Consent
2.1 Obtaining Consent
(a) Clinics must obtain written patient consent before uploading, using, or sharing any patient content within SmileOS or SmileSearch.
Consent forms must specify:
• What type of content is being collected (e.g., photographs, videos, treatment details).
• How the content may be used (e.g., marketing, educational, before-and-after galleries).
• That the patient understands the content may be published publicly.
2.2 Voluntary Consent
Consent must be given freely and without pressure. Patients must not be coerced into providing consent as a condition of receiving treatment.
3. Scope of Use
3.1
With valid consent, patient content may be used for:
(a) Marketing and advertising (e.g., SmileSearch listings, social media, websites, brochures).
(b) Educational or promotional purposes.
(c) Internal reporting or analytics within SmileOS.
3.2 De-identification
(a) Unless expressly consented, patient content will not include full names or identifying details.
(b) Only a first name and treatment description may be displayed.
3.3 Ownership
(a) Content remains the property of the clinic and SmileOS.
(b) Content may be securely stored within SmileOS systems.
4. Withdrawal of Consent
4.1 Patients may withdraw consent at any time by submitting a written request to their clinic and SmileOS.
4.2 Upon withdrawal:
(a) Content will no longer be used in new publications.
(b) Reasonable steps will be taken to remove content from SmileOS-controlled platforms.
(c) Previously published content (e.g., already shared on social media or third-party websites) may not always be removable.
5. Compliance with AHPRA and TGA
5.1 Clinics must ensure that use of patient content complies with:
(a) AHPRA's advertising guidelines, including:
• No false, misleading, or deceptive representations.
• No guarantees of outcome.
• Balanced presentation of risks and benefits.
• Inclusion of required disclaimers (e.g., "Results vary. All treatments carry risks and benefits.").
(b) TGA advertising standards, including restrictions on therapeutic goods claims.
5.2 SmileOS is not responsible for regulatory breaches by clinics or agencies in their use of patient content.
6. Security and Storage
6.1 All patient content is stored securely within SmileOS systems.
6.2 Access is limited to authorised users, subject to role permissions within SmileOS.
6.3 Clinics must ensure their staff handle patient content in accordance with privacy and health regulations.
7. Patient Rights
7.1 Patients may:
(a) Request access to content relating to them.
(b) Request correction of information.
(c) Withdraw consent in accordance with Clause 4.
7.2 These rights operate in conjunction with the SmileOS Privacy Policy.
8. Contact
Questions or concerns about this Policy or patient content should be directed to:
SmileOS Pty Ltd
Email: hello@smilesearch.com.au