This policy is a public document that sets out our approach in relation to the treatment of Personal Information. It outlines our collection, use, disclosure, security measures and individual's right to access and correct Personal Information.
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 as statutory references and do not alter any of our obligations under these existing laws and codes.
- We will only collect Personal Information where it is necessary for us to perform one or more of our functions or activities. In this context, "collect" means to obtain by any means, information where the individual is identifiable or identified.
- We collect Personal Information mainly to supply customers with the products and services ordered from us and our Related Bodies Corporate (Group Companies), and also for:
- billing and account management;
- business planning and product development; and
- to provide individuals with information about promotions, as well as the products and services of our Group Companies and our partners (including other Virgin Group companies).
- We will notify our customers and the general public of the below before collecting any Personal Information:
- the main reason that we are collecting Personal Information (Primary Purpose);
- other related Uses or Disclosures that we may make of the Personal Information (Secondary Purposes);
- our identity and how individuals can contact us, if this is not obvious;
- that individuals can access the Personal Information we hold about them;
- that individuals (including the general public) should contact us if they wish to access or correct Personal Information collected by us or have any concerns in relation to Personal Information;
- the organisations or types of organisations to whom we usually disclose the Personal Information;
- any law that requires the Personal Information to be collected;
- the consequences (if any) for the individual if all or part of the Personal Information is not provided to us.
- Where it is not practicable to notify individuals before the collection of Personal Information, we will ensure that individuals as soon as possible after the collection.
- When collecting Personal Information over the telephone, we will provide the individual with Virgin Mobile's contact details, and then provide the balance of the Collection Information in a confirming letter.
- We will not collect Sensitive Information without prior consent and only where it is necessary for our activities or function.
- We will not collect Personal Information secretly or in an underhanded way.
- We will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 3. Use
- We will obtain an individual's consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless such Use would be within the relevant individual's Reasonable Expectations.
- We Use Personal Information primarily for the purposes listed in 2 above.
- Where we rely on the Direct Marketing exception to Direct Market to individuals, we will ensure that:
- the individual is clearly notified of their right to Opt Out from further Direct Marketing;
- there is only one Use of the information before the Opt Out right is given and this Use applies across all our Related Bodies Corporate (if the information is shared between those Related Bodies Corporate);
- the individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out; and
- the individual's decision to Opt Out of all Direct Marketing will be respected by us.
- We won't use Sensitive Information for Direct Marketing.
- We may use Personal Information to avoid an imminent threat to a person's life or to public safety, and for reasons related to law enforcement or internal investigations into unlawful activities.
- We won't use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
- We won't attempt to match unidentified or anonymous data collected through surveys or such online devices as "cookies", with information identifying an individual, without the consent of the relevant individual.
- We may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual, including consent for Disclosures made under the credit reporting requirements of the Privacy Act.
- We may Disclose Personal Information between Related Bodies Corporate, in which case that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.
- We may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing), for a related Secondary Purpose, in which case the individuals will be notified of our usual Disclosures via the Collection Information, as outlined in 3, or where such Disclosure is within the individual's Reasonable Expectations.
- We will take reasonable steps to ensure that our contracts with third parties include requirements for them to comply with the Use and Disclosure requirements of the Privacy Act.
- We may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
- We may Disclose Personal Information to avoid an imminent threat to a person's life or to public safety.
- If a Disclosure is not for a Primary or Secondary Purpose, or upfront consent has not been obtained, we will only Disclose Personal Information as per the exceptions set out at 16 to 21 above.
- We do not generally sell or share customer lists on a commercial basis with third parties but if we did, we would ensure we had the appropriate consent of the individual involved. If the consent provided is conditional, we 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.
- We will regularly review our collection and storage practices to ascertain how improvements to accuracy can be achieved.
- We will 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.
- We require employees and contractors to perform their duties in a manner that is consistent with our legal responsibilities in relation to privacy.
- We will take all reasonable steps to ensure that records containing Personal Information are stored in facilities that are only accessible by our staff who have a genuine "need to know" as well as "right to know".
- We will regularly review our information security practices to ascertain how ongoing responsibilities can be achieved and maintained
Access and correction
- We will allow our records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
- We will correct our records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
- Individuals wishing to lodge a request to access and/or correct their Personal Information should contact us as per the details at the end of this document.
- We will not charge a fee for processing an access request unless the request is particularly resource intensive.
- Individuals wishing to make an inquiry or complaint regarding privacy, should contact our Customer Service department as per the details at the end of this document.
- Privacy complaints will be managed in accordance with our Complaint Handling Policy, which complies with the Australian Communications Industry Forum's Complaint Handling Industry Code.
- We will not make it mandatory for visitors to our web sites to provide Personal Information unless it is required to answer an inquiry or provide a service. We may however request visitors to provide Personal Information voluntarily (for example, as part of a competition or survey).
- We will allow our customers to transact anonymously wherever reasonable and practicable.
Transferring personal information overseas
- We will take reasonable steps to limit the amount of Personal Information it sends to unrelated organisations overseas.
- If Personal Information must be sent overseas for sound business reasons, we 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 3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.
Direct Marketing means the marketing of our goods or services (or those of a Related Body Corporate or those of an independent third party organisation) by communications including written, verbal or electronic means.
Disclosure generally means the release of information outside of Virgin Mobile including under a contract to carry out an "outsourced function".
Health Information means:
- information or an opinion about:
- the health or a disability (at any time) of an individual; or
- an individual's expressed wishes about the future provision of health services to him or her; or
- a health service provided or to be provided to an individual that is also personal information; or
- other personal information collected to provide or in providing a health service; or
- 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.
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 a body corporate that 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.
Sensitive Information means information or an opinion about an individual's: racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, and criminal record. It also includes Health Information about an individual.
Use means the handling of Personal Information within Virgin Mobile.
Contacting Us About Privacy
Telephone: 1300 555 100 any day, 7am to 11pm
Mail: Locked Bag 17, ROYAL EXCHANGE NSW 1225
Privacy Collection Statement
Collecting your Personal Information
- We collect your Personal Information mainly to supply you with the products and services you order from us and our related bodies corporate (Group Companies), and also for:
- billing and account management;
- business planning and product development; and
- providing you with information about promotions, products and services offered by ourselves, other Group Companies and our partners (including other Virgin Group companies).
- By law we must collect certain information from you, including your name, address, telephone service number and other details, for inclusion in the Integrated Public Number Database (IPND). The IPND is an important resource for emergency service organisations. If your phone number is unlisted, its use and disclosure will be strictly controlled.
- If you do not provide all the Personal Information we request, we may be unable to supply the products or services you have requested, or we may be restricted in the way we supply these products or services to you.
Disclosing your Personal Information
- We may disclose Personal Information about you (for the purposes set out in clause 1) to:
- any of our Group companies – which includes our parent company, Optus;
- our dealers, distribution partners, contractors, franchisees, any joint venture partners, etc; and;
- our suppliers who need access to this information to provide us with services, enabling us to supply you with the products and services you have ordered.
Your rights regarding your Personal Information
- If you only want communications from us that are account-related or legally required, you can "opt out" of all other types of communications. To opt out, contact our customer service line on 1300 555 100 and we will action your request as soon as reasonably possible, at no extra charge.
- You may request access to Personal Information we hold about you and also request that this information be corrected if it is inaccurate. Under special circumstances we may refuse such requests. Please contact 1300 555 100 if you require more information about accessing your records.
Disclosing your credit information
- To process your application and for ongoing credit management of your account, we may need to disclose to a credit reporting agency:
- personal identifying details, including your name, current and previous addresses, driver's licence number, date of birth, employer and/or any other information you have provided to us to conduct a credit check (for example, your passport number);
- the fact you have applied for a service, and any credit limit on your account;
- the amount of any payments which are overdue for at least sixty (60) days, when steps have been taken to recover those overdue payments;
- advice that a previously-reported overdue payment is no longer overdue;
- cheques or credit card payments that have been dishonoured;
- court judgments or bankruptcy orders made against you;
- that, in our opinion, you have committed a serious credit infringement; and
- when we cease to provide products or services to you.
- You authorise us to disclose the information described in clause 7 to a credit reporting agency, and to seek from or give to any credit providers authorised by you or named in a credit report or to other telecommunications providers (carriers or carriage service providers), and our franchisees, agents, dealers, contractors and outlets, the same information and any other information on this form and any other information on your credit worthiness, credit history or credit capacity that credit providers are allowed to give under the Privacy Act.
- You authorise us to obtain and use personal credit information (eg, your existing household loans and personal credit card history) if you apply for commercial credit (to use our service and your phone as a sole trader). You authorise us to obtain and use commercial information about your commercial credit worthiness or commercial history (your existing credit record as a sole trader) when considering an application for consumer credit, for example where the Service will be used for domestic purposes.
- We may refuse or cancel the supply of products or services based on our credit assessment of you. You may view and correct any credit information we hold about you.