Business Telecom Policy Statement
1. About this Document
2. Interaction with Telecommunications Act 1997 (Cth)
2.1 Business Telecom is a Carriage Service Provider and is subject to obligations set out in the Telecommunications Act 1997 (Cth)
2.2 To the extent that any of your Personal Information is also information of the kind referred to section 276 of the Telecommunications Act 1997 (Cth) (in particular, information that relates to your affairs or personal particulars) Business Telecom will not use or disclose that information unless permitted by the Telecommunications Act 1997 (Cth) and the Privacy Act 1988 (Cth).
Carriage Services has the meaning given to that term in the Telecommunications Act 1997 (Cth).
Carriage Service Provider has the meaning given to that term in the Telecommunications Act 1997 (Cth).
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
Related Body Corporate has the meaning given to that term in the Privacy Act 1988 (Cth).
Sensitive Information has the meaning given to that term in the Privacy Act 1988 (Cth).
and includes information as to race, political opinion, religious believes, sexual preferences and membership of a professional or trade association.
4.1 1 Business Telecom will collect Personal Information from you if that Personal Information is necessary for one or more of Business Telecom’s functions or activities.
4.2 Personal Information is predominantly collected so that Business Telecom can supply Carriage Services to you (or contact you in respect of a proposed supply of Carriage Services) and perform ancillary and incidental functions. This includes:
- customer service;
- complaints handling;
- billing; and
- promoting our special offers as well as offers from our Related Bodies Corporate, suppliers and/or affiliated third parties.
4.3 Business Telecom may collect Personal Information using several different methods. For example, Personal Information may be collected by Business Telecom:
- directly from you by telephone, email or by completing a form (e.g. Business Telecom may be provided with Personal Information on a customer application form, during contractual negotiations, during voice verification etc.); or
- from third parties such as our Related Bodies Corporate, credit reporting agencies or your representatives; or
- from information in the public domain – however if it is reasonable and practicable to do so, we will only collected Personal Information about you directly from you.
4.4 Business Telecom will take reasonable steps to ensure that you are aware at the time of collection (if practicable):
- that Business Telecom is collecting the Personal Information and as to how to contact Business Telecom (if this is not obvious to you);
- that you may gain access to the Personal Information (see paragraph 9 below);
- of any law that requires the Personal Information to be collected (for example, for compliance with the laws relating to the Integrated Public Number Database); and
- of the consequences (if any) of Business Telecom not collecting the Personal Information (typically, this will be an inability to supply Carriage Services to you).
4.5 If it is not practicable for Business Telecom to take reasonable steps to ma e you aware of the matters set out in paragraph 4.4 at the time of collection, Business Telecom will do so as soon as practicable after collection.
5. Use and Disclosure
5.1 Business Telecom will generally only use Personal Information for the primary purpose for which it was collected (for example, Personal Information set out in a customer application form is collected for Business Telecom). the primary purpose of facilitating the supply of Carriage Services by
5.2 However, Business Telecom may use or disclose Personal Information for a secondary purpose in the following circumstances:
5.3 Business Telecom may use or disclose Personal Information for a secondary purpose if:
- the secondary purpose is related to (or if the Personal Information is Information, directly related to) the primary purpose of collection; and Sensitive
- you would reasonably expect Business Telecom use or disclose the Personal Information for that purpose.
5.4 For example, Business Telecom considers that if you are a customer, you would reasonably expect Business Telecom to disclose or use your Personal Information to:
- its printing and mailing house to print and dispatch correspondence and communications to you or
- notify the customer of special offers or promotions from Business Telecom, its Related Bodies Corporate, suppliers and/or affiliated third parties; or
- ask you to participate in a customer satisfaction survey; or
- to its dealers, sub-contractors and agents to enable them to perform certain functions on behalf of Business Telecom.
5.5 5 Business Telecom may use or disclose Personal Information for a secondary purpose if you provide your express consent or consent can be implied.
5.6 Business Telecom may seek your consent on an application form for services, during the voice contracting stage of your application or in some other way.
- Direct Marketing
5.7 Business Telecom may use or disclose Personal Information for the secondary purpose of direct marketing.
5.8 Unless paragraphs 5.3 to 5.6 allow Business Telecom to otherwise use Personal Information for direct marketing, Business Telecom will only use Personal Information for direct marketing to you if:
- it is not Sensitive Information;
- it is impracticable for Business Telecom to seek your consent before that particular use;
- Business Telecom will not charge you for giving effect to a request by you to not receive direct marketing communications;
- you have not made a request to Business Telecom not to receive direct marketing communications;
- in each direct marketing communication with you, Business Telecom draws to your attention, or prominently displays a notice, that you may express a wish not to receive any further direct marketing communications; and
- each written direct marketing communication by Business Telecom with you sets out Business Telecom’s business address and telephone number and, if the communication is made by fax, telex or other electronic means, a number or address at which Business Telecom can be directly contacted electronically.
5.9 To avoid doubt, Business Telecom will also comply with the Spam Act 2001 (Cth) and Do Not Call Register Act 2006 (Cth) in circumstances of direct marketing to you.
- Life, Health and Safety
5.10 Business Telecom may use or disclose Personal Information if Business Telecom reasonably believes that it is necessary to lessen or prevent:
- a serious and imminent threat to an individual’s life, health or safety; or
- a serious threat to public health or public safety.
- Unlawful Activity
5.11 Business Telecom may use or disclose Personal Information if Business Telecom has reason to suspect that unlawful activity has been, is being, or may be engaged in. However, Business Telecom’s use or disclosure will be limited to that which is a necessary part of Business Telecom’s investigation into the matter or in reporting Business Telecom’s concerns to relevant persons or authorities.
- Permitted by Law
5.12 Business Telecom may use or disclose Personal Information if Business Telecom is permitted by law to do so. For example, Business Telecom may disclose your Personal Information pursuant to:
- a law enforcement request;
- court order or subpoena; or
- its interception obligations.
- Disclosure to Enforcement Body
5.13 Business Telecom may use or disclose Personal Information if Business Telecom is permitted by law to do so. For example, Business Telecom may disclose your Personal Information pursuant to an enforcement body (for example, the Australian Federal Police, ASIC, ACCC, police force etc.) if Business Telecom believes that it is reasonably necessary for:
- the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
- the enforcement of laws relating to the confiscation of the proceeds of crime;
- the protection of the public revenue;
- the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
- the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
6. Data Quality
6.1 Business Telecom will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
6.2 Business Telecom will also take reasonable steps to make sure that the Personal Information collected, used or disclosed is accurate, complete and current.
7. Data Security
7.1 Business Telecom will take reasonable steps to protect the Personal Information it holds from misuse and loss and from unauthorised access, modification or disclosure. It will generally do so by:
- restricting or limiting the access to Personal Information to those of its employees, agents or contractors who have a ‘need to know’;
- removing access from employees, agents or contractors who no longer work for or with Business Telecom or no longer have a ‘need to know’;
- reviewing and resetting passwords which provide access to Personal Information with reasonable frequency; and
- implement enhanced security access features to prevent unauthorised access, use or disclosure.
7.2 Business Telecom will take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose for which the Personal Information may be used or disclosed.
8.1 The Business Telecom website will contain a prominently displayed link to this Privacy Statement.
8.2 Business Telecom will refer any person to this Privacy Statement if that person requests information on Business Telecom’s policy on the management of Personal Information.
8.3 On request by a person, Business Telecom will take reasonable steps to let the person know, in general terms, what sort of Personal Information is held and the reasons for which that Personal Information is generally collected. Business Telecom will also provide information, in general terms, in respect of how Business Telecom holds, uses and discloses that Personal Information.
9. Access and Correction
9.1 1 If Business Telecom holds your Personal Information, Business Telecom will provide you with access on request to that Personal Information, in particular, so that you can verify the Personal Information is accurate, complete and current. If the Personal Information is not accurate, complete or current, Business Telecom will take reasonable steps to remedy the inaccurate, incomplete or outdated Personal Information.
9.2 However, Business Telecom will not provide you with access to the extent that:
- providing access would pose a serious and imminent threat to the life or health of any person; or
- providing access would have an unreasonable impact upon the privacy of any other person; or
- the request for access is frivolous or vexatious; or
- the Personal Information relates to existing or anticipated legal proceedings between Business Telecom and yourself, and the Personal Information would not be accessible by the process of discovery in those proceedings; or
- providing access would reveal Business Telecom’s intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
- providing access would be unlawful; or
- denying access is required or authorised by or under law; or
- providing access activity; or would be likely to prejudice an investigation of possible unlawful
- providing access would be likely to prejudice:
- the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
- the enforcement of laws relating to the confiscation of the proceeds of crime; or a prescribed law; or
- the protection of the public revenue; or
- the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
- the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or
- an enforcement body performing a lawful security function asks Business Telecom not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
9.3 Additionally, if providing access would reveal evaluative information generated within Business Telecom in connection with a commercially sensitive decision-making process, Business Telecom may give you an explanation for the commercially sensitive decision rather than direct access to the information.
9.4 Business Telecom reserves the right to charge a fee for searching for and providing access to your Personal Information (except if any other law prohibits Business Telecom from charging a fee). In any event,
10. Anonymous Transactions
10.1 Business Telecom will allow its customers to transact with it anonymously wherever that is reasonable and practicable.
11. Transferring Personal Information Overseas
11.1 Business Telecom may transfer Personal Information outside of Australia where Business Telecom considers that it is necessary or desirable to do so. However, Business Telecom will not transfer your Personal Information outside of Australia unless any of the following circumstances exist:
- Business Telecom reasonably believes that the recipient of the Personal Information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles contained in the Privacy Act 1988 (Cth); or
- you consent to the transfer; or
- the transfer is necessary for the performance of a contract between Business Telecom and yourself, or for the implementation of pre-contractual measures taken in response to the your request; or
- the transfer is necessary for the conclusion or performance of a contract concluded in your interest between the Business Telecom and a third party; or
- all of the following apply:
- the transfer is for your benefit;
- it is impracticable to obtain your consent to that transfer;
- if it were practicable to obtain your consent, you would be likely to give it; or
- Business Telecom has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles contained in the Privacy Act 1988 (Cth).
Privacy laws that apply to Business Telecom
Business Telecom is required to comply with the Privacy Act 1988 (Cth) and is bound by the Australian Privacy Principles (‘APPs’) set out in that Act. The APPs establish minimum standards for the collection, use, disclosure and handling of personal information. They apply to personal information in any form, including electronic and digital form. The APPs can be accessed at the website of the office of the Australian Information Commissioner: www.privacy.gov.au.
Business Telecom is also subject to other laws relating to the protection of personal information. If Business Telecom engages in direct marketing activities, Business Telecom’s direct marketing activities may also need to comply with the Do Not Call Register Act 2006 (Cth) and the Spam Act 2010 (Cth).
- ‘Privacy Law’ refers to any legislative or other legal requirement that applies to Business Telecom’s collection, use, disclosure or handling of personal information.
- ‘Personal information’ means 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 material form or not. Personal information includes sensitive information.
- ‘Sensitive information’ means personal information about an individual’s racial or ethnic origin, political opinions or memberships, religious beliefs or affiliations, philosophical beliefs, professional or trade association/union memberships, sexual preferences and practices or criminal record.
Why does Business Telecom collect personal information?
Business Telecom collects personal information in order to, amongst other things:
- receive, review and respond to queries from its stakeholders;
- providing services to its stakeholders.
- market and promote the products and services of its subsidiaries to current and prospective customers of its subsidiaries; and
- comply with our legal obligations, including under the Corporations Act 2001 (Cth). Business Telecom needs to be able to collect personal information for most of its corporate activities, although the information we require depends on the particular circumstances. If we are unable to collect the personal information we need, we may be unable to meet the expectations of our Stakeholders or provide the services they wish to receive.
Whose personal information does Business Telecom collect?
Business Telecom may in rare circumstances collect personal information from people who are under the
age of 18. If Business Telecom does this, Business Telecom may also collect personal information about the parent or
guardian of that person.
Business Telecom also collects personal information about all the individuals who are involved in the performance by Business Telecom of its functions and activities. This includes:
- staff of Business Telecom and its subsidiaries; and
- service providers and suppliers, agents and affiliates, and their staff.
Can you deal with Business Telecom without identifying yourself?
In some limited situations individuals may be able to deal with Business Telecom anonymously or using a pseudonym. However, if you do not wish to be identified we may not be able to provide the information or assistance you require.
What personal information does Business Telecom usually collect?
Business Telecom seeks at all times to ensure that it only collects the personal information that is necessary for the purposes of its functions and activities.
How does Business Telecom collect personal information?
We collect personal information by various means and via various media, depending on the particular business context. We may collect this information:
- through Business Telecom’s website, including where you submit inquiries. Business Telecom receives unsolicited personal information from time to time. In accordance with its obligations under Privacy Law, Business Telecom will decide whether it would have been permitted to solicit and collect that information and if it would not have been, will destroy or de-identify the information (provided it is lawful to do so).
What information will Business Telecom give you when it collects personal information?
Business Telecom is required by Privacy Law to take reasonable steps to ensure that you are made aware of certain information when it collects personal information about you. For example, we are required to:
- tell you how to contact Business Telecom;
- make sure you are aware that we have collected the information (if we collect it from a third party without your knowledge);
- identify any law that authorises or requires collection of the information;
- let you know the purposes for which we collect the information, the entities that the information is likely to be disclosed to and whether the information will be transferred outside Australia; and
The way we do this will depend on how you are dealing with us. For example:
- When personal information is collected via the Business Telecom website, a statement is displayed or a link provided to a statement that sets out the information we are required to provide to you in respect of the collection.
- When you deal with us on the telephone, this information is given to you by the operator or via a recorded message.
If we collect personal information about you from a third party, we take reasonable steps to ensure you receive the information we are required to provide. However, we may do this by requiring the third party to provide the information, rather than us providing the information to you directly.
Business Telecom‘s use and disclosure of personal information
Where Business Telecom collects personal information for a particular purpose, it may use and disclose the information for that purpose or another purpose that is related to that purpose (or that is directly related to that purpose in the case of sensitive information). Direct marketing communications may be sent via post and e-mail
- Business Telecom will not use sensitive information for direct marketing purposes without your consent
- Unless you have provided consent, or we think it is impracticable to obtain your consent, Business Telecom will not use your personal information for direct marketing purposes where we have obtained the personal information from a third party, or we have collected it directly from you but believe that you would not reasonably expect the information to be used for direct marketing.
- Whenever we communicate with you for direct marketing purposes, we will give you the opportunity to opt out of receiving further direct marketing communications from Business Telecom.
- You may opt out of receiving direct marketing communications from Business Telecom at any time by contacting us at email@example.com or calling 1300 721 100.
- If we use your personal information to facilitate direct marketing by our subsidiaries, you can ask us to provide the source of the information by contacting us at firstname.lastname@example.org or calling 1300 721 100.
Personal information about analysts, journalists and service providers (and their employees, contractors and agents) is used and may be disclosed for the purpose of responding to inquiries and generally managing the relationship with such persons. Business Telecom may disclose personal information occasionally.
For example, depending on the circumstances, Business Telecom may disclose information as set out below:
- To its subsidiaries or other persons where you have expressed an interest in acquiring the products or services of the subsidiary or other person.
- To Telecommunication Industry Ombudsman regarding an enquiry.
Personal information may also be disclosed to third party agents and service providers who Business Telecom engages to assist in the performance of its functions and activities. These include:
- organisations that process banking and billing transactions;
- printers, mail distributors, couriers and dispatch centres;
- IT service providers and data managers; and
- legal, accounting, insurance and business advisory consultants services
Business Telecom may also disclose personal information without consent as authorised by privacy law for a range of other purposes, including:
- where necessary to prevent or lessen a serious threat to health or safety;
- for law enforcement or crime prevention purposes;
- for the investigation of unlawful activity;
- for location of missing persons;
- for use in legal proceedings or dispute resolution. In situations other than those described above, Business Telecom will not disclose personal information without the customer’s consent (although consent may be implied).
Is personal information disclosed outside Australia?
Business Telecom may, in limited circumstances, disclose some personal information to persons or organisations that are outside Australia.
- Database and webhosting services provided to Business Telecom may involve personal information being transferred to IT service providers based in India, Philippines, Singapore, New Zealand, the United Kingdom, Canada and the United States of America.
How does Business Telecom protect your personal information?
Business Telecom recognises the importance of protecting your personal information and of ensuring that it is complete, accurate, up-to-date and relevant. While some of the personal information we collect is held in hardcopy form, most personal information is stored in electronic databases.
We have extensive processes in place to ensure that our information systems and files are kept secure from unauthorised access and interference. These include:
- System access is controlled by logins and different security levels. Access requests must be supported by a request from the Directors.
- Access authorisation is layered and access authorisations are specific to the job function of each staff member.
- Our employees undergo privacy and information security training on induction and are required to sign acknowledgements of their obligations in relation information security and appropriate use of our IT systems.
Can you access or correct personal information Business Telecom holds about you?
You have a right to access personal information we hold about you. If your request is particularly complex or requires detailed searching of our records, there may be a cost to you in order for us to provide you with this information. However, we will not charge you if we are not permitted by law to charge you and if we are allowed to charge you, we will not charge you more than we are permitted by law to charge you.
If you believe there are errors in the information we hold about you, you have a right to ask us to correct the information.
However, we are not required to provide access where we believe doing so would:
- prejudice law enforcement or crime prevention activities;
- pose a serious threat to health or safety;
- have an unreasonable impact on the privacy of other individuals;
- prejudice Business Telecom in legal proceedings or negotiations with you;
- reveal information connected with a commercially sensitive decision making process; or
- be contrary to law.
If you wish to have access to information Business Telecom holds about you, you should contact email@example.com
Dealing with Business Telecom on-line
We store the Internet Protocol (IP) address of your computer when you visit our site. This information is used only to create broad demographic summaries of where our users come from. Our use of these IP addresses, however, does not go so far as to identify the actual users of the site.
We collect personal information about the other websites that are visited by computers that are used to visit our site. This information may be aggregated to provide us with information about the types of webpages and websites, or particular webpages and websites, visited by computers that use our site.
Complaints and further information
If you believe your privacy has been interfered with and wish to make a complaint, please contact our Privacy Officer. The Privacy Officer will investigate your complaint and notify you of the outcome.
If it appears from your complaint that there has been an interference with privacy by a person other than Business Telecom, the Privacy Officer may discuss the complaint with that person in an attempt to resolve it.
If you are dissatisfied with the outcome of your complaint, or you do not receive a response to your complaint within 30 days, you may make a complaint to the Office of the Australian Information Commissioner (OAIC). Complaints to the OAIC must be made in writing. Where possible, complaints to the OAIC should be made through the online Privacy Complaint form, available at www.oaic.gov.au/privacy/making-a-privacy-complaint.
Attn: Privacy Officer
Address: L4/460 Church Street, North Parramatta NSW 2151
ABN 54 606 253 418