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This policy has been drafted having regard to Optus' 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 Optus' 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 Optus will only collect Personal Information where the information is necessary for Optus 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 Optus collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. Optus 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 Optus companies and other organisations. 1.3 Optus 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 Optus 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 Optus. 1.4 Where it is not practicable for Optus to notify individuals of all of the Collection Information before the collection of Personal Information, Optus will ensure that individuals are notified of the Collection Information as soon as possible after the collection. Optus 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 Optus' contact details, and then provide the balance of the Collection Information in a confirming letter. 1.6 Optus will not collect Sensitive Information from individuals except with consent and only where it is necessary for Optus to collect such information for an activity or function. 1.7 Optus will not collect Personal Information secretly or in an underhanded way. 1.8 Optus will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3. 2. Use
2.1 Optus 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 Optus Uses Personal Information primarily for the purposes listed in 1.2 above. 2.3 If Optus 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 Optus' 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 Optus and all its Related Bodies Corporate. 2.4 Optus will not use Sensitive Information for Direct Marketing. 2.5 Optus 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 Optus will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date. 2.7 Optus 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 Optus 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 Optus 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 Optus 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 Optus' usual Disclosures via the Collection Information, as outlined in 1.3. 3.4 Optus 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 Optus may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law. 3.6 Optus 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, Optus will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above. 3.8 Optus 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, Optus 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.
4.1 Optus will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved. 4.2 Optus 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.
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 Optus.
The types of personal information that Optus records will depend on your usage of our site. If you carry out a transaction online or send us an email, Optus will record information that may differ from the information Optus collects if you simply visit our site.
i) Purchasing products or services. If you purchase products or services or apply to become an Optus customer, Optus requires you to provide certain details so that we can establish an account and provide you with the product or service. This includes details such as your name and contact information, or in the case of businesses, information about the company, department or association making the purchase or setting up the account. Optus requires this information to help us process and manage your account.
Optus also requests information to help us assess your credit worthiness. Further details about this can be found in the terms and conditions for the product or service you are purchasing. If you purchase a product or service Optus also requires your credit card details in order to process the purchase. Optus may also request information about you in order to help you decide which product or service would best suit your needs.
ii) Paying your account online or making other enquiries about your account. If you pay your account online, Optus requires you to provide your account details and credit card details in order to process the payment. If you make an online query about your account you will be required to provide your account details, password and contact details so that your inquiry can be resolved as soon as possible.
iii) General requests. You can use the online forms for a number of other purposes such as to request further information about other Optus products and services. In order to process your request, we will require you to provide us with certain personal information. This includes such details as your name and contact information and information about any existing account. If you send us an email request, we will ask for similar information. We require this information to process your request and to improve the services we provide to you.
When you are carrying out a transaction or simply making a query, Optus may also ask for information such as details about yourself or your company in order that Optus can better tailor its services to your needs and to provide you with information about a range of Optus services you might be interested in. Optus may also conduct voluntary surveys or request other voluntary information from time to time. These surveys provide Optus with important information that enables improvement in the types and quality of services offered and the manner in which those services are offered. It will always be clear whether the information requested is mandatory or voluntary.
iv) Navigation Information Each time you visit Optus' web site, anonymous navigation information is collected by our servers. This information includes:
This provides Optus with information about how the web site is used and navigated, including the number of hits, the frequency of visits and the duration of visits to each web page on the site. It does not personally identify individual users.
The personal information collected from you at this site is or may be used:
Aspects of these functions may be outsourced to third parties who are only authorised by Optus to use this information for these purposes. Optus may also use its customer database, including information provided by you through this web site, to distribute information about other Optus services and other organisations' services to you. If at any time you no longer wish to receive email or postal communications from Optus or from third parties, you can contact Optus customer service at any time and make an 'opt out' request, as per details at the end of this Statement.
Information collected on this site may also be combined and de-identified to provide Optus with anonymous demographic and usage information. Optus can then use this aggregated information to develop new and/or more appropriate services and products to offer to customers and may also be provided to third parties.
Personal information collected at this site will only be disclosed to third parties in accordance with this Privacy Statement and with the terms and conditions of any relevant service. You should check the terms and conditions of individual products and services for information about disclosures.Information collected at this site may be disclosed to third parties where functions are being outsourced. Optus may also disclose personal information to law enforcement agencies, government agencies, courts or external advisors where permitted or required by law.
Once you have registered as an Optus customer, you may access your account details and correct your personal information, by contacting Optus customer service. If you are not a customer of Optus, you may still request access to any personal information Optus may have collected from you through this web site. You can lodge an access request with Optus customer service at any time as per the details at the end of this Statement.
Optus strives to protect your personal information during its transmission. Customer account information provided through this site is held in a secure server environment behind Optus firewalls.
Optus' secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including your name and address, so that it cannot be read as the information travels over the Internet. However, while Optus maintains high standards in protecting your security, no transmission over the Internet or storage of information on servers connected to the Internet can be guaranteed to be absolutely secure.
Optus takes reasonable steps to ensure the security of personal information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure of data. Optus only permits your details to be accessed by authorised personnel.
Optus provides links on its website to other sites. These sites may have different privacy policies than those of Optus and you are advised to check the privacy policies on those sites.
Optus is concerned to ensure that your Internet experience is a safe and enjoyable one. If you have any questions or comments about this Privacy Statement you can contact Optus at: Optus customer service on: Telephone: 1300 300 937 TTY: 1800 500 002 By mail: PO Box 306 Salisbury South SA 5106 9. Changes to this Privacy Statement
This Privacy Statement may change from time to time particularly as new industry codes are introduced. Any changes to Optus' Privacy Statement will be highlighted in this area from time to time.
This policy was last updated on 19 November 2001.
The last paragraph in Question 1: What Personal Information does Optus collect? now includes the name and domain name of our third party service provider of demographic usage information.