Southern Phone Privacy Statement

Southern Phone respects your right to privacy. This statement sets out important information about privacy protection applied to information gathered on our website.

Information Collection

Southern Phone may record information:

1. Submitted by you, such as when you enter your details on our website, or when you provide information by telephone or in document form;
2. Supplied by third parties, such as credit reporting agencies;
3. From publicly available sources of information; and
4. When legally required to do so.

Additionally, Southern Phone may record other information during website visits. This may include the time and date of the page request, the URL of the request, and information on the browser software that is being used. This information helps us to understand how our site is used. It does not personally identify individual users. Like many other websites, Southern Phone may also use ‘cookies’ to store record-keeping information on an individual’s hard drive. Cookies can be blocked or disabled by adjusting your browser settings.

Use of Information

Southern Phone may use the information it records:

1. For billing and debt collecting purposes;
2. For credit verification purposes;
3. To inform you of changes and additions to our services;
4. To provide customer support;
5. To research the usage of and to develop the capabilities of our services;

The information recorded by Southern Phone may also be collated and de-identified to provide Southern Phone with anonymous demographic and other data.

The information recorded by Southern Phone may also be used to promote and market to you other services which we consider may be of interest to you. If you no longer wish to receive these communications from Southern Phone or from third parties, you can contact Southern Phone at any time and make an 'opt out' request, as per details at the end of this Statement.

Disclosure of Information

Southern Phone may disclose your personal information to third parties which provide Southern Phone with outsourced functions. These may include, but not be limited to, billing and debt collection, customer enquiries and mailing systems. Southern Phone may also disclose personal information to other telecommunications service providers, law enforcement agencies, government agencies, courts or our professional advisers, including our accountants, auditors and lawyers.

Information Accuracy

Southern Phone strives to maintain the accuracy of the information it records. If you are a Southern Phone customer you may access your account details and correct your personal information by contacting Southern Phone customer service.

Information Security

Southern Phone takes reasonable steps to ensure that your personal information is stored securely. However, no transmission over the Internet or storage of information on servers connected to the Internet can be guaranteed to be absolutely secure. While we strive to protect your personal information from misuse, loss or unauthorised access, destruction, use, modification or disclosure of data we cannot guarantee the security of any information you transmit to us.

Contacting Southern Phone

If you require further information regarding Southern Phone’s Privacy Policy, you can contact our Customer Service Centre by:

Email: contact@southernphone.com.au

Southern Phone Privacy Policy

This policy sets out the approach taken by Southern Phone Company Limited to protect information about individuals. Southern Phone is bound by the Privacy Act 1988 and abides with the National Privacy Principles.

1 Collection

Southern Phone will only collect personal information where the information is necessary for one or more of its functions or activities.

Southern Phone will collect personal information only by lawful and fair means and not in an unreasonably intrusive way.

At or before the time (or, if that is not practicable, as soon as practicable after) Southern Phone collects personal information about an individual from the individual, Southern Phone will take reasonable steps to ensure that the individual is aware of:

1. The identity of Southern Phone and how to contact it;
2. The fact that he or she is able to gain access to the information; and
3. The purposes for which the information is collected; and
4. Southern Phones (or the types of Southern Phones) to which Southern Phone usually discloses information of that kind;
5. Any law that requires the particular information to be collected; and
6. The main consequences (if any) for the individual if all or part of the information is not provided.

If it is reasonable and practicable to do so, Southern Phone will collect personal information about an individual only from that individual.

If Southern Phone collects personal information about an individual from someone else, Southern Phone will take reasonable steps to ensure that the individual is or has been made aware of the matters listed from (a) to (f) above except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.

2 Use and disclosure

Southern Phone will not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:

1. Both of the following apply:
   1. the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;
   2. the individual would reasonably expect Southern Phone to use or disclose the information for the secondary purpose; or
2. The individual has consented to the use or disclosure; or
3. If the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
   1. it is impracticable for Southern Phone to seek the individual’s consent before that particular use; and
   2. Southern Phone will not charge the individual for giving effect to a request by the individual to Southern Phone not to receive direct marketing communications; and
   3. the individual has not made a request to Southern Phone not to receive direct marketing communications; and
   4. in each direct marketing communication with the individual, Southern Phone draws to the individual’s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and
   5. each written direct marketing communication by Southern Phone with the individual (up to and including the communication that involves the use) sets out Southern Phone’s business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which Southern Phone can be directly contacted electronically; or
4. The information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety:
   1. it is impracticable for Southern Phone to seek the individual’s consent before the use or disclosure; and
   2. the use or disclosure is conducted in accordance with guidelines approved by the Privacy Commissioner under section 95A of the Privacy Act for the purposes of this subparagraph; and
   3. in the case of disclosure–Southern Phone reasonably believes that the recipient of the health information will not disclose the health information, or personal information derived from the health information; or
5. Southern Phone reasonably believes that the use or disclosure is necessary to lessen or prevent:
   1. a serious and imminent threat to an individual’s life, health or safety; or
   2. a serious threat to public health or public safety; or
6. Southern Phone has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
7. the use or disclosure is required or authorised by or under law; or
8. Southern Phone reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
   1. 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;
   2. the enforcement of laws relating to the confiscation of the proceeds of crime;
   3. the protection of the public revenue;
   4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
   5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

If Southern Phone uses or discloses personal information under paragraph (h), it must make a written note of the use or disclosure.

The first paragraph operates in relation to personal information that an Southern Phone that is a body corporate has collected from a related body corporate as if Southern Phone’s primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information.

3 Data quality

Southern Phone will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.

4 Data security

Southern Phone will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorized access, modification or disclosure.

Southern Phone will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under Privacy Principle 2.

5 Openness

Southern Phone will set out in a document clearly expressed policies on its management of personal information. Southern Phone will make the document available to anyone who asks for it.

On request by a person, Southern Phone will take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.

6 Access and correction

If Southern Phone holds personal information about an individual, it must provide the individual with access to the information on request by the individual, except to the extent that:

1. In the case of personal information other than health information–providing access would pose a serious and imminent threat to the life or health of any individual; or
2. In the case of health information–providing access would pose a serious threat to the life or health of any individual; or
3. Providing access would have an unreasonable impact upon the privacy of other individuals; or
4. The request for access is frivolous or vexatious; or
5. The information relates to existing or anticipated legal proceedings between Southern Phone and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
6. Providing access would reveal the intentions of Southern Phone in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
7. Providing access would be unlawful; or
8. Denying access is required or authorised by or under law; or
9. Providing access would be likely to prejudice an investigation of possible unlawful activity; or
10. Providing access would be likely to prejudice:
    1. 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
    2. the enforcement of laws relating to the confiscation of the proceeds of crime; or
    3. the protection of the public revenue; or
    4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
    5. 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
11. An enforcement body performing a lawful security function asks Southern Phone not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

However, where providing access would reveal evaluative information generated within Southern Phone in connection with a commercially sensitive decision-making process, Southern Phone may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

If Southern Phone is not required to provide the individual with access to the information because of one or more of paragraphs (a) to (k) above (inclusive), Southern Phone must, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

If an Southern Phone charges for providing access to personal information, those charges:

1. will not be excessive; and
2. will not apply to lodging a request for access.

If Southern Phone holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, Southern Phone will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.

If the individual and Southern Phone disagree about whether the information is accurate, complete and up-to-date, and the individual asks Southern Phone to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, Southern Phone will take reasonable steps to do so.

Southern Phone will provide reasons for denial of access or a refusal to correct personal information.

Southern Phone will not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:

1. An agency; or
2. An agent of an agency acting in its capacity as agent; or
3. A contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.

Southern Phone will not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned above, unless:

1. The use or disclosure is necessary for Southern Phone to fulfil its obligations to the agency; or
2. One or more of paragraphs (e) to (h) (inclusive) in Privacy Principle 2 apply to the use or disclosure; or
3. the use or disclosure is permitted under the regulations to the Privacy Act.

8 Anonymity

Wherever it is lawful and practicable, individuals will have the option of not identifying themselves when entering transactions with Southern Phone.

Southern Phone will not require visitors to its web sites to provide personal information unless its is required to answer an inquiry or provide a service.

9 Transborder data flows

Southern Phone will transfer personal information about an individual to someone (other than Southern Phone or the individual) who is in a foreign country only if:

1. Southern Phone reasonably believes that the recipient of the 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; or
2. The individual consents to the transfer; or
3. The transfer is necessary for the performance of a contract between the individual and Southern Phone, or for the implementation of pre-contractual measures taken in response to the individual’s request; or
4. The transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Southern Phone and a third party; or
5. All of the following apply:
   1. the transfer is for the benefit of the individual;
   2. it is impracticable to obtain the consent of the individual to that transfer;
   3. if it were practicable to obtain such consent, the individual would be likely to give it; or
6. Southern Phone 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.

10 Sensitive information

Southern Phone will not collect sensitive information about an individual unless:

1. the individual has consented; or
2. the collection is required by law; or
3. the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
   1. is physically or legally incapable of giving consent to the collection; or
   2. physically cannot communicate consent to the collection; or
4. if the information is collected in the course of the activities of a non-profit Southern Phone–the following conditions are satisfied:
   1. the information relates solely to the members of Southern Phone or to individuals who have regular contact with it in connection with its activities;
   2. at or before the time of collecting the information, Southern Phone undertakes to the individual whom the information concerns that Southern Phone will not disclose the information without the individual’s consent; or
5. the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

Despite the above paragraph Southern Phone may collect health information about an individual if:

1. the information is necessary to provide a health service to the individual; and
2. the information is collected:
   1. as required by law (other than this Act); or
   2. in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind Southern Phone.

Despite the first paragraph, Southern Phone may collect health information about an individual if:

1. the collection is necessary for any of the following purposes:
   1. research relevant to public health or public safety;
   2. the compilation or analysis of statistics relevant to public health or public safety;
   3. the management, funding or monitoring of a health service; and
2. that purpose cannot be served by the collection of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained; and
3. it is impracticable for Southern Phone to seek the individual’s consent to the collection; and
4. The information is collected:
   1. as required by law (other than this Act); or
   2. in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind Southern Phone; or
   3. in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph.

If Southern Phone collects health information about an individual in accordance with this last paragraph, Southern Phone must take reasonable steps to permanently de-identify the information before Southern Phone discloses it.

Glossary

Personal information is 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.

Related body corporate

A related body corporate is defined in section 50 of the Corporations Act 2001 (Cth) to mean that where a body corporate is:

• a holding 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 and the other body are related to each other.

Sensitive information

Sensitive information is a subset of personal information. It means information or 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, criminal record or health information about an individual.

Contacting Southern Phone

If you require further information regarding Southern Phone’s Privacy Policy, you can contact our Customer Service Centre by:

Email: contact@southernphone.com.au