This policy has been drafted having regard to Voxcom’s obligations under the Telecommunications Act 1997, the Privacy Act 1988 (including the new National Privacy Principles) (the Privacy Act) and the ACIF Code on the Protection of Personal Information of Customers of Telecommunications Providers. Nothing in this Policy changes Voxcom’s existing obligations under the credit reporting requirements of the Privacy Act.
This Policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.
1.1 Voxcom will only collect Personal Information where the information is necessary for Voxcom to perform one or more of its functions or activities. In this context, “collect” means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.
1.2 Voxcom collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. Voxcom also collects and uses Personal Information for secondary purposes including:
(i) billing and account management;
(ii) business planning and product development; and
(iii) to provide individuals with information about promotions, as well as the products and services of other Voxcom companies and other organisations.
1.3 Voxcom will notify individuals (including, but not limited to, our customers) of the matters listed below before collecting any Personal Information:
i) the main reason that we are collecting Personal Information (this reason will be the Primary Purpose);
ii) other related Uses or Disclosures that we may make of the Personal Information (Secondary Purposes);
iii) our identity and how individuals can contact us, if this is not obvious;
iv) that individuals can access the Personal Information that Voxcom holds about them;
v) that individuals should contact our customer service department (even if they are not a customer) if wish to access or correct Personal Information collected by us or have any concerns in relation to Personal Information;
vi) the organisations or types of organisations to whom we usually Disclose the Personal Information including Related Bodies Corporates and contractors;
vii) where applicable, any law that requires the Personal Information to be collected (for example, information that is required to be collected for the Integrated Public Number Database which is used by directory publishers);
viii) the consequences (if any) for the individual if all or part of the Personal Information is not provided to Voxcom.
1.4 Where it is not practicable for Voxcom to notify individuals of all of the Collection Information before the collection of Personal Information, Voxcom will ensure that individuals are notified of the Collection Information as soon as possible after the collection. Voxcom will only engage in “post collection notification” in those circumstances where it is not practicable to notify individuals about the collection of their personal information before it is collected.
1.5 When collecting Personal Information over the telephone, it may not always be practicable to provide all the Collection Information at that time. In such circumstances, we will provide the individual with Voxcom’s contact details, and then provide the balance of the Collection Information in a confirming letter.
1.6 Voxcom will not collect Sensitive Information from individuals except with consent and only where it is necessary for Voxcom to collect such information for an activity or function.
1.7 Voxcom will not collect Personal Information secretly or in an underhanded way.
1.8 Voxcom will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.
2.1 Voxcom will obtain an individual’s consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose which would be within the relevant individual’s Reasonable Expectations.
2.2 Voxcom Uses Personal Information primarily for the purposes listed in 1.2 above.
2.3 If Voxcom relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:
i) the individual is clearly notified of their right to Opt Out from further Direct Marketing;
ii) there is only one Use of the information before the Opt Out right is given and this Use applies across all Voxcom’s Related Bodies Corporate (if the information is shared between those Related Bodies Corporate);
iii) the individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out; and
iv) if the individual Opts Out of all Direct Marketing the Opt Out will be respected by Voxcom and all its Related Bodies Corporate.
2.4 Voxcom will not use Sensitive Information for Direct Marketing.
2.5 Voxcom may use Personal Information to avoid an imminent threat to a person’s life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.
2.6 Voxcom will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
2.7 Voxcom will not attempt to match de-identified or anonymous data collected through surveys or such online devices as “cookies”, with information identifying an individual, without the consent of the relevant individual.
3.1 Voxcom may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual’s consent for Disclosures made under the credit reporting requirements of the Privacy Act.
3.2 Voxcom may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.
3.3 Voxcom may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing), where that is Disclosure or Use for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual’s Reasonable Expectations. Individuals will be notified of Voxcom’s usual Disclosures via the Collection Information, as outlined in 1.3.
3.4 Voxcom will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act.
3.5 Voxcom may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
3.6 Voxcom may Disclose Personal Information to avoid an imminent threat to a person’s life or to public safety.
3.7 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, Voxcom will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
3.8 Voxcom does not generally sell or share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved. If the consent provided is conditional, Voxcom will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.
4. Information quality
4.1 Voxcom will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
4.2 Voxcom will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years, unless the law requires otherwise.
5. Information security
5.1 Voxcom requires employees and contractors to perform their duties in a manner that is consistent with Voxcom’s legal responsibilities in relation to privacy.
5.2 Voxcom will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within Voxcom who have a genuine “need to know” as well as “right to know”.
5.3 Voxcom will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.
6. Access and correction
6.1 Voxcom will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
6.2 Voxcom will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting Voxcom Customer Service, as per the details at the end of this document. While some requests for access may be handled by Customer Service, it may be necessary for your request to be escalated to the Voxcom Customer Relations Group.
6.4 Voxcom will not charge a fee for processing an access request unless the request is complex or is resource intensive.
7.1 Voxcom’s Customer Service representatives will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy, should do so by contacting Voxcom Customer Service, as per the details at the end of this document.
7.2 Privacy complaints will be managed in accordance with Voxcom’s Complaint Handling Policy, compliant with the Australian Communications Industry Forum’s Complaint Handling Industry Code.
8. Anonymous transactions
8.1 Voxcom will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. Voxcom may however request visitors to provide Personal Information voluntarily to Voxcom (for example, as part of a competition or questionnaire).
8.2 Voxcom will allow its customers to transact with it anonymously wherever that is reasonable and practicable.
9. Transferring personal information overseas
9.1 Voxcom will take reasonable steps to limit the amount of Personal Information it sends to unrelated organisations overseas.
9.2 If Personal Information must be sent by Voxcom overseas for sound business reasons, Voxcom will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.
Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.
Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of Voxcom or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside Voxcom, including under a contract to carry out an “outsourced function”.
Health Information means:
(a) information or an opinion about:
(i) the health or a disability (at any time) of an individual; or
(ii) an individual’s expressed wishes about the future provision of health services to him or her; or
(iii) a health service provided or to be provided to an individual; that is also personal information; or
(b) other personal information collected to provide or in providing a health service; or
(c) other personal information about an individual collected in connection with the donation; or intended donation by the individual of his or her body parts or body substances.
Opt Out means an individual’s expressed request not to receive further Direct Marketing.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.
Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.
Reasonable Expectation means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the particular purpose.
Related Body Corporate means that where a body corporate is:
a holding company of another body corporate;
a subsidiary of another body corporate; or
a subsidiary of a holding company of another body corporate,
the first mentioned body corporate and the other body corporate are deemed to be related to each other.
Sensitive Information means:
(a) information or an opinion about an individual’s:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record; that is also personal information or
(b) Health Information about an individual.
Use means the handling of Personal Information within Voxcom.
Telephone: 1300 869 266
Facsimile: 1300 869 329
Post: PO Box 168, Oakleigh South VIC 3167