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Privacy Policy


This Policy supports the Smith & Nephew Code of Conduct and Business Principles and Global Policy and Procedure 16: Protection and Use of Personal Information which defines global standards expected of any person or entity when processing Personal Information on behalf of Smith & Nephew.  This Policy sets forth standards that are applicable in Australia in compliance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (the Act).  This policy is available on at



 1. This policy is applicable to Smith & Nephew Pty Ltd and Smith & Nephew Surgical Pty Ltd, Australia (collectively “Smith & Nephew”) and governs the collection, storage and use of Personal Information and Sensitive Information by Smith & Nephew as required by the Act.

2. This policy does not specifically apply to information held by Smith & Nephew about its current and former employees, where that information is held in employee records and its use or disclosure relates to the employment relationship.  Smith & Nephew respects the privacy of employees and has global policies that apply to employee information.

3. This policy does not apply to Personal Information collected prior to 21 December 2001 is exempt from the Act, but Smith & Nephew will act responsibly in the way it treats all Personal Information.


Policy Statement

 1. Smith & Nephew respects the privacy of individuals and is committed to handling Personal Information in compliance with applicable privacy and data protection laws including: 

2. Smith & Nephew only collects Personal Information that is necessary for a legitimate business purpose such as providing products and services. 

3. Smith & Nephew limits access to Personal Information to individuals with a business need to have access to the Personal Information. 

4. Smith & Nephew keeps Personal Information only for as long as it is required for business purposes or by the law.

5. Smith & Nephew employs appropriate technical, administrative and physical procedures to protect Personal Information from unauthorized disclosure, loss, misuse or alteration. 



1. “Personal Information” is defined in the Privacy Act as “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.”

2. “Sensitive Information” is information about an individual’s  racial or ethnic origin, political opinions, membership of a political association, professional or trade association,  trade union, religious beliefs or affiliations, philosophical beliefs, sexual preferences or practices, criminal record, biometric information, genetic information or health information.


Consent to Smith & Nephew’s Collection, Use and Disclosure of Personal and Sensitive Information

1. Smith & Nephew considers individuals and entities to be consenting to the collection, use and disclosure of Personal Information when they provide Personal Information to Smith & Nephew in any format including oral communications (such as via telephone), email, contracts, letters, memoranda, online inquiry forms, employment and other application forms.

2. Smith & Nephew complies with the National Statement on Ethical Conduct in Human Research when conducting clinical research and participation will only be as a result of a voluntary choice by the participants.  As such, express consent is required for collection of Personal and Sensitive Information for the purposes of clinical research and associated clinical studies.

3. Individuals or entities that provide Smith & Nephew with Personal Information concerning other individuals must first make them aware of Smith & Nephew privacy policy and obtain consent.

4. An individual may withdraw consent at any time by notifying our privacy officer.  Requests should be directed to the Smith & Nephew Privacy Contact Officer via the channels provided under “How to contact Us”.


Types of Information Collected by Smith & Nephew

1. Personal Information collected by Smith &Nephew may include:

  • names
  • addresses
  • telephone numbers
  • e-mail address
  • financial information
  • medical facility information
  • other information relevant to Smith & Nephew business activities.

2. At times and when permitted by an individual and reasonably necessary for a legitimate business purpose, Sensitive Information such as health information and medical procedure information may be collected by Smith & Nephew. 


Smith & Nephew Collection of Information


1. Generally, Smith & Nephew collects Personal Information from:

  • hospitals where Smith & Nephew products are used
  • employment application forms (hardcopy or softcopy)
  • Smith & Nephew Sales Agents
  • Smith & Nephew customers who purchase products or services
  • customers or health care professionals who obtain information and education from Smith & Nephew
  • healthcare professionals or medical facilities who use or purchase a product or service from Smith & Nephew
  • individuals who contact Smith & Nephew by e-mail, telephone, mail or any other means
  • visitors to the Smith & Nephew website
  • vendors and other service providers

2. If an individual chooses not to provide Personal Information when requested, Smith & Nephew may not be able to deliver the product or service requested.  Smith & Nephew will attempt to notify the individual of these issues when they arise.


Smith & Nephew Use of Personal Information

1. Smith & Nephew uses Personal Information for legitimate business purposes that are consistent with the reason the information was provided to or collected by Smith & Nephew.  These purposes may include the delivery of our products and services, education about our products and services and marketing of our products and services. 

2. Our website may use cookies to gather marketing information.  A “cookie” is a packet of information stored on a computer that allows the Smith & Nephew server to identify and interact more effectively with your computer.  Smith & Nephew may use persistent cookies for various business purposes including market research, improving website performance, enabling transactions, and collection of statistics and site usage measurements.  Smith & Nephew will not collect or link to Personal Information through persistent cookies without an individual’s express consent.

3. All direct marketing contacts sent or made by Smith & Nephew will include a means by which customers may unsubscribe (or opt out) of receiving further marketing information.


Smith & Nephew Use of Sensitive Information

1. Sensitive Information may be used for business related purposes including case studies, clinical studies, provision of advice, referral, product ordering or custom manufactured products.

2. Unless consent is given for an additional use, Sensitive Information may only be used for the purpose for which it was collected or for a secondary purpose directly related to the purpose of its collection for which the individual would reasonably expect the information to be used. 

3. Sensitive Information is collected and used in the follow circumstances:

  • when required by law
  • where necessary to provide a health service or in the course of medical research that is subject to professional safeguards and where obtaining consent is impracticable, and the research cannot be performed without the information being collected.  


Sharing of Personal Information

1. Smith & Nephew may disclose Personal Information (excluding Sensitive Information) to our Sales Agents if the purpose of the disclosure is related to the reason the Personal Information was originally collected. 

2. Smith & Nephew does not sell or otherwise disclose Personal Information to any other company or organisation without first gaining the consent of the identified person(s), except under the following circumstances:

  • Smith & Nephew is required or permitted by law to do so;
  • in order to legitimately pursue legal action to protect Smith & Nephew’s  commercial interests;
  • in the “due diligence” phase of inter-company mergers/acquisitions or otherwise related to a sale of all or part of Smith & Nephew’s business;
  • in the outsourcing of data management to an external company;
  • it is necessary on a temporary basis to enable Smith & Nephew contractors to perform specific functions.

3. Smith & Nephew will require that the company/organisation to which disclosure is made complies with the requirements of the Privacy Act and this policy.  For example, where appropriate, strict contractual and other quality assurance measures are used to ensure Personal Information is protected.


Overseas use and disclosure

Smith & Nephew may transfer Personal Information to countries outside Australia (for example when we place orders for products overseas) on the basis of a genuine business need, or in the course of electronic data storage, transmission and management.  Smith & Nephew will do so in compliance with applicable Australian data protection and privacy laws. 


Collection and Transfer of Information Electronically via the Internet and External Networks

1. Smith & Nephew has secured its website and email networks using industry standard technology.  Smith & Nephew protects Personal Information by complying with Information Security Standards, Industry Schemes and Statutory obligations.  Smith & Nephew regularly conducts targeted internal and external audits of its security systems to validate security practices. 

2. There are risks involved in transmitting Personal Information across the Internet and other external electronic networks, such as when visitors to the Smith & Nephew website complete an on-line inquiry/request.  Smith & Nephew cannot provide any guarantee with respect to the security of Personal Information collected or transmitted via such means, and will not be liable for any breach of security or unintended loss or disclosure of Personal Information collected or transmitted via such means.

3. Unauthorised modification or misuse of information stored in Smith & Nephew’s system will be investigated and may result in criminal prosecution.


Individual’s Ability to Access Personal Information

1. Individuals have the right to request access to their Personal Information held by Smith & Nephew.  The right to access Personal Information is not absolute.  In some circumstances, the law permits Smith & Nephew to refuse a request to provide access to Personal Information, such as circumstances where:

  • access would pose a serious threat to the life or health of any individual
  • access would have an unreasonable impact on the privacy of others
  • the request is frivolous
  • the information relates to a commercially-sensitive decision-making process
  • access would be unlawful
  • access may prejudice enforcement activities, a security function or commercial negotiations.

2. Smith & Nephew will, upon request, and subject to applicable privacy laws, provide access to an individual’s Personal Information. The request must identify, as clearly as possible, the type (or types) of information sought. 


Updating Personal Information

1. Smith & Nephew will endeavor to ensure that Personal Information is accurate and up-to-date.  An individual may amend their personal details by contacting the Smith & Nephew Privacy Contact Officer via the channels provided under “How to contact Us”. 

2. If Personal Information has been disclosed to a third party, Smith & Nephew will take reasonable steps to notify the third party of corrections and updates.  If Smith & Nephew is unable to update an individual’s Personal Information, Smith & Nephew will provide an explanation in writing as to why the information cannot be corrected.

3. “Unsolicited Personal Information” is personal information about an individual that an organisation has unintentionally received.  Smith & Nephew will treat Unsolicited Personal Information responsibly and in compliance with the Act.  If the information could not have been collected through normal processes, Smith & Nephew will de-identify and/or destroy that information as soon as possible.


Loss of Personal Information

Smith & Nephew is committed to protecting Personal Information, but in the event of loss of Personal Information Smith & Nephew shall:

  • seek to rapidly identify and secure the breach to prevent any further breaches 
  • engage the appropriate authorities when criminal activity is suspected 
  • access the nature and severity of the breach including the type of Personal Information involved and the risk of harm to affected individuals 
  • notify the affected individuals directly if appropriate and where possible 
  • if appropriate, put a notice on our website advising our customers of the breach 
  • notify the Privacy Commissioner (at the OAIC) if the breach is significant. 





How to contact Smith & Nephew

Smith & Nephew is committed to working with its customers to obtain a fair resolution of any complaint or concern about privacy.  To contact us with a compliment or complaint or a privacy question, you can:

  • write to us at:

Privacy Officer:  The Human Resources Manager

Smith & Nephew Pty Ltd

PO Box 242

Mount Waverly   VIC  3149


  • call our Privacy Officer:

(03) 8540 6574  between 09:00am and 5:00pm EST Monday to Friday


  • fax our Privacy Officer:

(03) 9544 4517


  • e-mail our Privacy Officer:





Further information on Privacy

General information about privacy rights and privacy law is available from the Office of the Australian Information Commission by:

  • calling their Privacy Hotline on 1300 363 992
  • writing to:

The Australian Information Commissioner

GPO Box 5218

Sydney   NSW  1042