This Privacy Policy sets out the approach which Optus will take in relation to the
treatment of Personal Information. It includes information on how Optus collects,
uses, discloses and keeps secure, individuals' Personal Information. It also covers
how Optus makes the Personal Information it holds available for access to and correction
by the individual.
This policy has been drafted having regard to Optus' obligations under the Telecommunications
Act 1997 and the Privacy Act 1988 (including the National Privacy Principles) (the
Privacy Act). 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. Collection
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 provide "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) individuals are 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. Disclosure
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. Information quality
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.
5. Information security
5.1 Optus requires employees and contractors to perform their duties in a manner
that is consistent with Optus' legal responsibilities in relation to privacy.
5.2 Optus will take all reasonable steps to ensure that paper and electronic records
containing Personal Information are stored in facilities that are only accessible
by people within Optus who have a genuine "need to know" as well as "right to know".
5.3 Optus will review, on a regular and ongoing basis, its information security
practices to ascertain how ongoing responsibilities can be achieved and maintained.
6. Access and correction
6.1 Optus will allow its records containing Personal Information to be accessed
by the individual concerned in accordance with the Privacy Act.
6.2 Optus will correct its records containing Personal Information as soon as practically
possible, at the request of the individual concerned in accordance with the Privacy
Act.
6.3 Individuals wishing to lodge a request to access and/or correct their Personal
Information should do so by contacting Optus Customer Service, as per the details
on the back of this document. While some requests for access may be handled by Customer
Service, it may be necessary for your request to be escalated to the Optus Customer
Relations Group.
6.4 Optus will not normally charge a fee for processing an access request unless
the request is complex or is resource intensive. Optus does, however, reserve the
right to charge a $25.00 administration fee if an individual requests access to
their Personal Information more than once in a three month period.
6.5 Where Optus offers on-line account management facilities, customers can use
this capability to control aspects of their account, including amending or updating
certain Personal Information.
7. Openness
7.1 Optus' Customer Service representatives will be the first point of contact for
inquiries about privacy issues. Individuals wishing to make an inquiry or complaint
regarding privacy, should do so by contacting Optus Customer Service, as per the
details on the back of this document.
7.2 Privacy complaints will be managed in accordance with Optus' Complaint Handling
Policy, which complies with the C628:2007 Telecommunications Consumer Protections
Industry Code (as amended from time to time).
7.3 Optus websites will contain a prominently displayed privacy statement and will
include a copy of this Optus Privacy Policy.
8. Anonymous transactions
8.1 Optus will not make it mandatory for visitors to its web sites to provide Personal
Information unless such Personal Information is required to answer an inquiry or
provide a service. Optus may however request visitors to provide Personal Information
voluntarily to Optus (for example, as part of a competition or questionnaire).
8.2 Optus will allow its customers to transact with it anonymously wherever that
is reasonable and practicable.
9. Transferring personal information overseas
9.1 Optus will take reasonable steps to limit the amount of Personal Information
it sends to unrelated organisations overseas.
9.2 If Personal Information must be sent by Optus overseas for sound business reasons,
Optus 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.
10. Glossary
Collection Information means the information outlined in 1.3 notified to individuals
prior to, or as soon as practical after, the collection of their Personal Information.
Direct Marketing means the marketing of goods or services through means of communication
including written, verbal or electronic means. The goods or services which are marketed
may be those of Optus or a Related Body Corporate or those of an independent third
party organisation.
Disclosure generally means the release of information outside Optus, including under
a contract to carry out an "outsourced function".
Health Information means:
(a) information or an opinion about:
(i) the health or a disability (at any time) of an individual; or
(ii) an individual's expressed wishes about the future provision of health services
to him or her; or
(iii) a health service provided or to be provided to an individual;that is also
personal information; or
(b) other personal information collected to provide or in providing a health service;
or
(c) 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.Opt Out means an individual's expressed request not to receive further
Direct Marketing.
Optus means all companies in the Optus group, including Optus Networks Pty Limited,
Optus Mobile Pty Limited and Optus Administration Pty Limited.
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 that where a body corporate 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,
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.
Contacting Optus
If you require further information regarding Optus' Privacy Policy, you can contact
Optus Customer Service Centre on:
Telephone: 133 345
TTY: 1800 500 002
TTY (mobile): 1800 123 124
Online: via www.optus.com.au
PO Box 306
Salisbury South SA 5106