Provider Code of Conduct

HappyWink connects people seeking care and support with independent Providers.

Providers must use the platform professionally, honestly, respectfully and in a way that protects the safety, dignity, privacy and choices of Care Seekers.

Providers must provide accurate and current information about their business and services.

Providers must not make false or misleading claims about:

• registration
• qualifications
• experience
• services
• funding arrangements
• availability
• service areas
• pricing
• staff
• accreditation
• any other material aspect of their business.

Providers must not represent themselves as being endorsed, employed or guaranteed by HappyWink merely because they appear on the platform.

Providers are responsible for determining and maintaining all requirements applicable to the services they offer.

Depending on the Provider and services, this may include:

• provider registration
• professional registration
• licences
• qualifications
• insurance
• worker screening
• police checks
• training
• accreditation
• other regulatory requirements.

Providers must comply with applicable laws, regulations, codes and standards relevant to their services.

Providers must promptly update HappyWink if important information changes.

This includes circumstances where an applicable registration:

• expires
• is suspended
• is cancelled
• becomes restricted
• otherwise materially changes.

Providers must also update inaccurate or outdated business information.

Providers must communicate with Care Seekers respectfully and professionally.

Providers must not:

• intimidate
• threaten
• discriminate unlawfully
• harass
• pressure
• exploit vulnerability
• use aggressive sales practices
• deliberately mislead a Care Seeker.

Care Seekers have the right to decide whether they wish to engage a Provider.

Receiving access to a care opportunity does not give a Provider any entitlement to the Care Seeker's business.

A Care Seeker may:

• speak with multiple Providers
• decline an offer
• choose another Provider
• change their mind
• stop communicating
• close their request.

Providers must respect those choices.

Providers may contact a Care Seeker after legitimately unlocking the relevant opportunity through HappyWink.

Contact should relate to the Care Seeker's request.

Providers must not repeatedly call, message or email a Care Seeker in a way that could reasonably amount to harassment or unreasonable pressure.

If a Care Seeker clearly asks a Provider to stop contacting them, the Provider must respect that request, subject to any communication legitimately required for an existing service relationship or by law.

Contact details obtained through a HappyWink care opportunity must not automatically be treated as general marketing consent.

Providers must not add Care Seekers to unrelated marketing lists or send unrelated promotional communications unless they have an appropriate lawful basis and any consent required by applicable law.

Providers may receive personal information after unlocking a care opportunity.

Providers must:

• use the information only for legitimate purposes connected with the care request or resulting service relationship
• take reasonable steps to keep it secure
• restrict unnecessary access
• comply with applicable privacy requirements
• appropriately manage information when it is no longer required.

Care Seeker information must not be sold or traded.

A Provider must not sell, trade, publish or improperly disclose a HappyWink care opportunity or Care Seeker's contact information to another business.

If another organisation or person will be involved in delivering services, the Provider remains responsible for ensuring that any information sharing is lawful and appropriate.

Providers must not attempt to manipulate or circumvent the HappyWink Coin system.

Providers must not:

• create fake Care Seeker requests
• manipulate care opportunities
• attempt to access locked contact details without the required RC
• exploit technical errors
• interfere with another Provider's account
• create misleading accounts to obtain benefits
• otherwise misuse HappyWink's commercial systems.

Suspected fraud or manipulation may result in immediate account restriction or suspension.

Providers acknowledge that unlocking a care opportunity provides an opportunity to contact a Care Seeker.

It does not guarantee:

• a response
• an appointment
• a service agreement
• funding
• ongoing work
• revenue.

Providers must not pressure Care Seekers because RC were spent accessing an opportunity.

Providers are responsible for clearly communicating their own:

• pricing
• fees
• service inclusions
• cancellation terms
• availability
• service agreements
• other relevant service conditions.

Providers must not deliberately conceal material fees or provide misleading pricing information.

Providers must only claim or represent that they can provide services under a particular funding arrangement where they are appropriately able to do so.

This may include arrangements associated with:

• NDIS
• aged care
• TAC
• WorkSafe
• DVA
• private/self-funded services
• other funding pathways supported by HappyWink.

HappyWink displaying a funding option does not remove the Provider's responsibility to determine whether they are eligible to provide or claim for the relevant service.

Providers are responsible for the safety and quality of the services they deliver.

Providers must take reasonable steps to protect Care Seekers from:

• abuse
• neglect
• exploitation
• violence
• preventable harm
• inappropriate conduct.

Providers must follow applicable incident, safeguarding and reporting obligations relevant to their services.

Where services involve children or people who may require additional safeguards, Providers are responsible for ensuring that their workers, systems and service delivery satisfy all applicable legal and regulatory requirements.

HappyWink's matching process does not replace those obligations.

Providers must treat genuine complaints respectfully.

Providers must not retaliate against, intimidate or unfairly disadvantage a Care Seeker merely because they have made a complaint or provided reasonable feedback.

Providers are expected to cooperate reasonably with HappyWink where HappyWink investigates a complaint concerning platform conduct.

HappyWink may contact a Provider regarding:

• verification
• complaints
• safety concerns
• account activity
• registration
• billing
• suspected misuse
• compliance with this Code or the Provider Terms.

Providers must provide truthful information and reasonably cooperate with legitimate enquiries.

Providers must not use HappyWink for:

• fraud
• unlawful discrimination
• harassment
• threats
• exploitation
• misleading or deceptive conduct
• misuse of personal information
• impersonation
• fake requests
• unauthorised data collection
• platform manipulation
• malicious software
• security attacks
• other unlawful activity.

Where HappyWink reasonably believes this Code has been breached, it may take proportionate action.

Depending on the circumstances, this may include:

• requesting further information
• providing guidance
• requesting corrective action
• issuing a warning
• requiring updated verification
• restricting access to care opportunities
• temporarily suspending the Provider account
• terminating Provider access.

Serious concerns involving safety, fraud, privacy, harassment, false registration or misuse of Care Seeker information may result in immediate temporary suspension while the matter is reviewed.

HappyWink may verify certain information such as an ABN and applicable provider registration.

Verification does not mean HappyWink guarantees the Provider's:

• quality
• workers
• availability
• suitability
• insurance
• qualifications
• compliance
• service outcomes.

Providers remain responsible for their own business and services.

Providers using HappyWink operate independently.

Unless expressly agreed otherwise, HappyWink:

• does not employ the Provider
• does not employ the Provider's workers
• does not control the Provider's service delivery
• is not a party to the Provider's service agreement with the Care Seeker
• does not receive a commission from the underlying care service.

HappyWink may update this Code where reasonably necessary to reflect changes to:

• platform functionality
• safety requirements
• Provider standards
• legal requirements
• the HappyWink service.

The current version will be available through the HappyWink website or Provider platform.