2 Whose personal information does Smart Business Telecom Pty. Ltd. collect? Smart Business Telecom Pty. Ltd. collects or holds personal information about individuals who are: Prospective customers. This includes people we think may be interested in our products and services as well as people who have expressed interest in obtaining or learning more about those products and services Current customers. This includes people who purchase Smart Business Telecom Pty. Ltd. products or services or who hold an account with Smart Business Telecom Pty. Ltd. Past customers. These are people who have purchased Smart Business Telecom Pty. Ltd.products or services but do not currently hold any active Smart Business Telecom Pty. Ltd. account Smart Business Telecom Pty. Ltd. may treat current and past customers as prospective customers for other Smart Business Telecom Pty. Ltd. products and services. Smart Business Telecom Pty. Ltd. may collect personal information about associates of its customers, such as family members, employees or agents. For example, Smart Business Telecom Pty. Ltd.may collect personal information about nominated or authorised representatives, the holder of a credit card that is used to pay a customer s account, a person who acts as a secondary account holder, a person who acts as guarantor for a credit contract, the landlord of a tenanted property or the nominated contact on a business account. Smart Business Telecom Pty. Ltd. may in rare circumstances collect personal information from people who are under the age of 18. If Smart Business Telecom Pty. Ltd. does this, Smart Business Telecom Pty. Ltd. may also collect personal information about the parent or guardian of that person. Smart Business Telecom Pty. Ltd. also collects personal information about all the individuals who are involved in providing Smart Business Telecom Pty. Ltd. products and services. This includes: staff of Smart Business Telecom Pty. Ltd. Group branded and reseller entities; and service providers and suppliers, agents and affiliates, and their staff. Can you deal with Smart Business Telecom Pty. Ltd. without identifying yourself? In some limited situations customers and other individuals may be able to deal with Smart Business Telecom Pty. Ltd. anonymously or using a pseudonym. For example, if you make a general inquiry to one of our call centres, or want to make a complaint or log a service fault unless the inquiry or complaint relates to a particular account. 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 Smart Business Telecom Pty. Ltd. usually collect? Smart Business Telecom Pty. Ltd. collects a wide range of personal information about its customers, but the type and amount of information collected depends on the particular business context. However, Smart Business Telecom Pty. Ltd. seeks at all times to ensure that it only collects the personal information that is necessary for the purposes of its business activities. Smart Business Telecom Pty. Ltd. needs to collect basic identifying and contact information for all customers, including prospective customers. This will usually include name, date of birth, address, telephone (landline and/or mobile) number(s) and residential address. For business customers, Smart Business Telecom Pty. Ltd. collects information about nominated contacts, including name and title or position, date of birth, telephone (landline and/or mobile) number(s) addresses, postal and physical building business addresses, and company identifying details such as an ACN (Australian Company Number), or an ABN (Australian Business Number). Smart Business Telecom Pty. Ltd. also collects information about purchasing patterns, consumer preferences and attitudes from prospective and current customers for marketing purposes, including to analyse markets, develop marketing strategies and to identify and develop products and services that may be of interest to its customers. 2
4 credit reporting system (including other credit providers), we are required to comply with the credit reporting provisions in Part IIIA of the Privacy Act and the Credit Reporting Privacy Code (CR Code). Why we collect credit-related personal information We collect, hold, use and disclose credit-related personal information for the purposes permitted by the Privacy Act and the CR Code, including to assess your application for credit and verify your identity to manage your account, including collecting payments to help you to avoid defaults to undertake debt recovery and enforcement activities to participate in the credit reporting system (including by providing credit-related personal information to CRBs and other credit providers) for other purposes required or authorised by law The credit-related personal information we collect The credit-related personal information that we may collect and hold includes your current and prior names, addresses and employers, gender, date of birth and driver s licence number the fact that you have applied for credit with us or other credit providers and the type and amount of credit sought the day that credit is entered into with us or other credit providers, the terms or conditions of that credit and the maximum amount of credit available the day on which credit provided to you is terminated or otherwise ceases credit payments that are overdue for more than 60 days that you have been notified of (and whether you have subsequently repaid the overdue amount) whether you have committed a serious credit infringement whether you have entered into an arrangement with us or another a credit provider in connection with credit provided to you credit-related court proceedings and personal insolvency information publicly available credit-related information a credit rating or score that is calculated by a CRB (or by us using information from a CRB) and that has a bearing on your credit-worthiness How we collect and hold credit-related personal information We collect credit-related personal information from you (directly or through the operation of your account with us), from CRBs and other credit providers and from other third parties where this is permitted under Part IIIA of the Privacy Act. We may also generate the information ourselves, through our own analyses. The information will be held by us on our customer database, located in Australia, which will be encrypted where required by the Data Retention Law. Who we disclose credit-related personal information to We may disclose credit-related personal information to third parties for the purposes outlined above, including to: CRBs and other credit providers our related bodies corporate third parties that manage credit applications for us debt collectors and credit management agencies third parties in connection with the potential assignment of debts, security for credit or purchase of an interest in Smart Business Telecom Pty. Ltd. other third parties where required or authorised by law, including authorised agencies under the Data Retention Law If you fail to meet your payment obligations to us in relation to consumer credit, or commit a serious credit infringement, we may disclose this information to a CRB. CRBs may include the information we provide them in reports provided to other credit providers, to assist them in assessing your credit-worthiness. The CRBs we use The CRBs we deal with are Dun & Bradstreet Australia, Veda Advantage, and Experian Australia. Contact details for 4
7 be disclosed for the purpose of managing the relationship with the staff member or other entity. Smart Business Telecom Pty. Ltd. may disclose personal information about Smart Business Telecom Pty. Ltd. customers to a range of third parties. For example, depending on the type of product or service, Smart Business Telecom Pty. Ltd. may disclose customer information to a wholesaler or other third party who provides or assists to provide the service. Smart Business Telecom Pty. Ltd. may disclose information to government agencies (such as Centrelink or authorised agencies under the Data Retention Law) for the purpose of establishing or verifying eligibility for concessions and similar entitlements. Smart Business Telecom Pty. Ltd. may also disclose personal information for credit checking, collection or credit reporting purposes to a credit reporting agency or credit collection agency, in accordance with the requirements of the Privacy Act Personal information may also be disclosed to third party agents and service providers who Smart Business Telecom Pty. Ltd. engages to assist in the provision of products and services. These include: sales agents and representatives; organisations that process banking transactions; organisations that process debt collection; printers, mail distributors, couriers and dispatch centres; call centres operated by entities outside the Smart Business Telecom Pty. Ltd. Group; IT service providers and data managers; legal, accounting, insurance and business advisory consultants services Personal information Smart Business Telecom Pty. Ltd. obtains in connection with the provision of telecommunications services may be disclosed in accordance with requirements of the Telecommunications Act 1997 (Cth) and the Telecommunications (Interception and Access) Act 1979 (Cth). This includes disclosure: to the Telecommunications Industry Ombudsman for the purpose of complaint management; in connection with directory assistance, emergency service calls or other urgent services, and in particular to the operator of the Integrated Public Number Database (IPND) for inclusion in the IPND, including your name, address, telephone service number and other public number customer details, and to provide it. (Information in the IPND is used to develop directories and to assist emergency service organisations. If your phone number is unlisted, your information will be marked accordingly in the IPND and its use and disclosure will be strictly controlled.); and to law enforcement agencies for law enforcement or security purposes; and Smart Business Telecom Pty. Ltd. 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; and for use in legal proceedings or dispute resolution. In situations other than those described above, Smart Business Telecom Pty. Ltd. will not disclose personal information without the customer s consent (although consent may be implied). Is personal information disclosed outside Australia? Smart Business Telecom Pty. Ltd. discloses some personal information to persons or organisations that are outside Australia. Smart Business Telecom Pty. Ltd. s customer service and marketing call centre operations are based in Kolkata, India, 7
8 Pune, India, and Manila, Philippines. Personal information about prospective, current and past customers is accessed by our overseas based agents/officers for the purpose of sales and marketing, customer service, correspondence, provisioning, fault management and technical support activities. How does Smart Business Telecom Pty. Ltd. protect your personal information? Smart Business Telecom Pty. Ltd. recognises the importance of protecting your personal information and of ensuring that it is complete, accurate, up-to-date and relevant. When you call Smart Business Telecom Pty. Ltd., we complete an ID check to verify your identity and to check the details we hold about you are correct and to update them if required. For some safety critical information, for example medical information required to maintain secure power supply or ensure priority assistance, we initiate checks on an annual basis. We have documented processes for verifying personal information collected for particular transactions, such as proof of occupancy, change of occupier and priority assistance. Our staff are trained to properly handle the different types of information they receive, particularly sensitive information. We have quality assurance measures in place to monitor calls to ensure that our processes are being followed. While some of the personal information we collect is held in hardcopy form, most personal information is stored in electronic databases which is encrypted where required by the Data Retention Law. 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 to customer information for all staff and agents (including agents in our India and Philippines call centres) is centrally controlled. Access requests must be supported by a request from senior management. Access authorisation is layered and access authorisations are specific to the job function of each staff member. For example, staff with responsibility for fault management have no access to credit card information. Staff are only trained in areas of the system specific to the function of their job. Functional restrictions apply. Remote access is only available to selected senior staff members. Measures are taken to prevent printing, copying or recording of customer information that can be accessed electronically. For example, call centre team members work in a paperless environment, cannot print information and are not permitted to have mobile phones or cameras on the call centre floor. Account and system access and modification is logged to enable access or modification of any customer record by any staff member to be identified. Audits of access logs are conducted periodically. 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. We have contractual arrangements in place with our agents, service providers and affiliates that require them to have comply with applicable privacy laws and Smart Business Telecom Pty. Ltd. privacy policies. Our contractual arrangements with third parties who are outside Australia are designed to ensure that personal information transferred to those parties is afforded the same level of protection as would apply to the information in Australia. Can you access or correct personal information Smart Business Telecom Pty. Ltd. 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. 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; 8
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