Privacy Policy
This Privacy Policy sets out the approach which Miracom will take in
relation to the treatment of Personal Information. It includes information
on how Miracom collects, uses, discloses and keeps secure, individuals'
Personal Information. It also covers how Miracom makes the Personal Information
it holds available for access to and correction by the individual.
This policy has been drafted having regard to Miracom’s obligations
under 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. Nothing in this Policy changes Miracom’s 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 Miracom will only collect Personal Information where the information
is necessary for Miracom 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 Miracom collects Personal Information primarily to supply customers
with the products and services ordered from it and its related companies.
Miracom 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 Miracom companies and other
organisations.
1.3 Miracom 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 Miracom 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 Miracom.
1.4 Where it is not practicable for Miracom to notify individuals of
all of the Collection Information before the collection of Personal Information,
Miracom will ensure that individuals are notified of the Collection Information
as soon as possible after the collection. Miracom will only engage in "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
Miracom’s contact details, and then provide the balance of the
Collection Information in a confirming letter.
1.6 Miracom will not collect Sensitive Information from individuals
except with consent and only where it is necessary for Miracom to collect
such information for an activity or function.
1.7 Miracom will not collect Personal Information secretly or in an
underhanded way.
1.8 Miracom 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 Miracom 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 Miracom Uses Personal Information primarily for the purposes listed
in 1.2 above.
2.3 If Miracom relies on the Direct Marketing exception to Direct Market
to individuals it will ensure that:
i) the individual is 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 Miracom’s 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 Miracom and all its Related Bodies Corporate.
2.4 Miracom will not use Sensitive Information for Direct Marketing.
2.5 Miracom 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 Miracom will not use Personal Information without taking reasonable
steps to ensure that the information is accurate, complete and up to
date.
2.7 Miracom 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 Miracom 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 Miracom 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 Miracom 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 Miracom’s usual Disclosures via
the Collection Information, as outlined in 1.3.
3.4 Miracom 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 Miracom may Disclose Personal Information to law enforcement agencies,
government agencies, courts or external advisers where permitted or required
by law.
3.6 Miracom 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, Miracom
will not Disclose Personal Information otherwise than in accordance with
the exceptions set out at 3.1 to 3.6 above.
3.8 Miracom 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, Miracom 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 Miracom will review, on a regular and ongoing basis, its collection
and storage practices to ascertain how improvements to accuracy can be
achieved.
4.2 Miracom 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 Miracom requires employees and contractors to perform their duties
in a manner that is consistent with Miracom’s legal responsibilities
in relation to privacy.
5.2 Miracom 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 Miracom who have a genuine "need
to know" as well as "right to know".
5.3 Miracom 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 Miracom will allow its records containing Personal Information to
be accessed by the individual concerned in accordance with the Privacy
Act.
6.2 Miracom 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 Miracom 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 Miracom Customer Relations Group.
6.4 Miracom will not charge a fee for processing an access request unless
the request is complex or is resource intensive.
7. Openness
7.1 Miracom’s 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
Miracom Customer Service, as per the details on the back of this document.
7.2 Privacy complaints will be managed in accordance with Miracom’s
Complaint Handling Policy, compliant with the Australian Communications
Industry Forum's Complaint Handling Industry Code to which Miracom is
a signatory.
7.3 Miracom websites will contain a prominently displayed privacy statement
and will include a copy of this Miracom Privacy Policy.
8. Anonymous transactions
8.1 Miracom 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. Miracom may however request
visitors to provide Personal Information voluntarily to Miracom (for
example, as part of a competition or questionnaire).
8.2 Miracom will allow its customers to transact with it anonymously
wherever that is reasonable and practicable.
9. Transferring personal information overseas
9.1 Miracom 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 Miracom overseas for sound
business reasons, Miracom 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 Miracom or a Related Body Corporate or those of an independent
third party organisation.Disclosure generally means the release of information
outside Miracom, 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.Miracom means
all companies in the Miracom group, including Miracom Telecommunications
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 Miracom.
Contacting Miracom
If you require further information regarding Miracom’s Privacy
Policy, you can contact Miracom Customer Service Centre on:
Telephone: 1300 455 266
Online: via www.miracom.com.au
333 Canterbury Road
Canterbury, Victoria 3126
