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Primus Online Pty Limited ACN 29 092 063 691 is subject to the National Privacy Principles in the Privacy Act 1988 (Cth) and is subject to the Telecommunications Act 1997 (Cth). There are 2 policies in this document: the first is the General Privacy Policy and Disclosure Statement which explains in general terms how Primus-AOL protects the privacy of your personal information under the National Privacy Principles; and the second is the User Privacy Policy which explains how Primus-AOL protects the privacy of users of Primus-AOL Services.
The principles set out in this General Privacy Policy and Disclosure Statement will apply to any personal information you provide to Primus-AOL via our websites or under any other agreement or arrangement and to information which we collect about you from other sources. It also sets out the matters which we are required to disclose to individuals under National Privacy Principles 1.3 and 1.5.
This General Privacy Policy and Disclosure Statement does not apply to acts and practices of Primus-AOL which relate directly to the employee records of our current and former employees nor does it relate to Primus-AOL's treatment of the privacy of users of a Primus-AOL Service. For Primus-AOL's privacy policy in respect of user privacy, please see the User Privacy Policy below.
We generally collect your personal information directly from you. For example, we may collect personal information about you when you deal with us over the telephone, send us correspondence (whether by letter, fax or e-mail), visit our network of associated websites (Primus-AOL Network) or when you have contact with us in person.
Generally, the type of personal information we collect about you includes your name, mailing address, telephone number and e-mail address. In certain circumstances, we may also collect sensitive information about you (for example if you apply for a position with Primus-AOL we may seek information as to the professional associations you are aligned with).
There may be occasions when we need to source personal information about you from a third party. For example, we may collect personal information from your friends or associates who provide your information to us so as we can send you information about us, recruitment agencies when we are looking for new staff, from ADMA who provides lists of individuals who do not wish to receive marketing material, from our Associated Companies, from suppliers of marketing databases or from our contractors who may provide us with call centre services.
Primus-AOL collects personal information for the following purposes:
- to send promotional material about Primus-AOL and our services to prospective members;
- to prepare and conduct interviews for staff placements;
- for analysis and research purposes (so that we can determine whether there is a market for our services, how we promote those services and how we can improve our services);
- to conduct surveys, competitions and trade promotions on our Primus-AOL Network(including www.aol7.com.au (excluding the members-only areas); www.aol.com.au; www.seven.com.au,and associated Seven Network sites);
- in order to provide goods and/or services requested by you on our Primus-AOL Network (including www.aol7.com.au (excluding the members-only areas); www.aol.com.au; www.seven.com.au,and associated Seven Network sites);
- to undertake analysis of sole traders who wish to become our contractors, agents or partners;
- to conduct credit checks of prospective members.
If you do not provide us with your personal information, such as your contact details, we may not be able to fulfil the applicable purpose of collection.
In some circumstances, we collect personal information about you from a third party source. If we collect personal information about you in this way, we will take reasonable steps to contact you and ensure that you are aware of the purposes for which we are collecting your personal information and the organisations to which we might disclose your personal information.
We may disclose your personal information to:
- our outsourced service providers who provide certain services for us (such as marketing companies who send out our promotional information, call centres who make outbound marketing offers for us, our billing services, our providers of IT services);
- our parent company (Primus Telecommunications Pty Limited ) and related body corporate companies of our parent company (Associated Companies) so that they may provide services to you or send you promotional information about our services;
- your legal representative or any person you direct us to send your personal information to;
- external companies who participate in the promotion individually, or jointly with us, of competitions or trade promotions on our Primus-AOL Network (including www.aol7.com.au (excluding the members-only areas); www.aol.com.au; www.seven.com.au,and associated Seven Network sites);
- a prospective buyer of our business, should we wish to sell it.
We will use and disclose personal information for the primary purpose for which it was collected. We may also use and disclose personal information for purposes related or ancillary to the main reason we collect it, such as: sending you marketing material and bundled offers. We do not disclose personal information we collect to third parties for the purposes of allowing them to direct market their products and services except that we do disclose personal information to our Associated Companies for this purpose.
We engage third party contractors to perform services for us which involves the contractor handling personal information we hold. For example, we engage third party contractors to provide us with call centre services, marketing services, billing services and IT services. In these situations, we prohibit the third party contractor from using personal information about you except for the specific purpose for which we supply it.
We share your personal information with our related bodies corporate.
Each Primus-AOL entity may disclose personal information to other Primus-AOL entities which will use and disclose the information only for the purpose for which it was originally collected.
Primus-AOL will, on request, provide you with access to the personal information we hold about you, unless there is an exception which applies under the Privacy Act 1988 (Cth).
Your request to obtain access will be dealt with in a reasonable time. Primus-AOL may recover from you its reasonable cost of providing you with access.
If Primus-AOL refuses to provide you with access to the information, Primus-AOL will provide you with reasons for the refusal and inform you of any exceptions relied upon under the Privacy Act 1988 (Cth).
We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it.
If you find that the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us immediately and we will take reasonable steps to correct this information, or if necessary, we will discuss alternative action with you.
We protect any personal information that we hold from misuse and loss. We also protect it from unauthorised access, modification and disclosure.
Your personal information may be stored either in hardcopy documents, as electronic data, or in Primus-AOL's software or systems.
We maintain physical security over our paper and electronic data stores and premises, such as locks and security systems. We also maintain computer and network security; for example, we use firewalls (security measures for the Internet) and other security systems such as user identifiers and passwords to control access to computer systems.
We may transfer your personal information to our Associated Companies in the USA for the purposes of providing you with services. We will only transfer your personal information overseas to any other company with your express consent.
Primus-AOL reserves the right to amend this General Privacy Policy and Disclosure Statement at any time without notice. When we do amend this General Privacy Policy and Disclosure Statement, we will ensure that it is updated on the Primus-AOL Network.
If you wish to gain access to your personal information or make a complaint about a breach of your privacy or if you have a query on how your personal information is collected or used, or any other query relating to Primus-AOL's General Privacy Policy and Disclosure Statement, please contact our Privacy Officer:
| By email: |
legalandprivacy@aol.com |
| By mail: |
Locked Bag 7500, Chatswood DC, NSW, 2067 |
| By phone: |
1800 265 265 |
| By facsimile: |
(02) 9410 5055 |
We will respond to your query or complaint as soon as possible and will try to resolve any complaint within a reasonable period of time.
Primus-AOL's offices are located at:
Primus Online Pty Limited ACN 29 092 063 691
Level 12, North Tower, 1-5 Railway Street, Chatswood, NSW, 2067.
Locked Bag 7500, Chatswood DC, NSW 2065
| Email address: |
aufeedback@aol.com |
| By phone: |
1800 265 265 |
| By facsimile: |
(02) 9410 5055 |
Primus Online Pty Limited ACN 29 092 063 691 (Primus-AOL, we, us, our) regard protecting our users' privacy as one of our most important values. We want you to know how we protect user information and what choices you have about its use. We believe Primus-AOL's User Privacy Policy should give you confidence whenever you use AOL, Primus-AOL Broadband (including the members-only areas of aol7.com.au) or any other online services provided by us or an Associated Company, (a Primus-AOL Service)-- 24 hours a day, seven days a week, 365 days of the year. This User Privacy Policy applies to any personal information we collect, use or disclose in connection with a Primus-AOL Service. This User Privacy Policy also sets out how we deal with the confidentiality of protected information.
In this User Privacy Policy:
- "personal information" means information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion;
- "protected information" is information that relates to the contents or substance of a communication or the affairs or personal particulars of a person; and
- "user" may be either a Primus-AOL member or a person who uses a Primus-AOL Service.
We have organised our User Privacy Policy into two parts:
- We outline our Eight Principles of Privacy, our core commitment to protect your privacy; and
- We explain how we implement each principle.
We are committed to protecting your personal privacy. Our Eight Principles of Privacy summarise and clarify that commitment: how we safeguard your privacy, how we treat personal information and protected information, and what choices you have. We understand that for you to take full advantage of the benefits of this interactive medium, we must do everything we can to ensure that your privacy is secure. Primus-AOL may use or disclose, and you consent to the use or disclosure of, your personal information and protected information in circumstances which are explained in this User Privacy Policy or permitted under the National Privacy Principles of the Privacy Act 1988 (Cth) or the Telecommunications Act 1997 (Cth).
In general Primus-AOL will not use or disclose personal information or protected information collected about you otherwise than for a purpose set out in this User Privacy Policy, for a purpose to which you consent, for a purpose that you would reasonably expect, or for a purpose required or permitted by law.
Some Primus-AOL Services, namely AOL, are hosted by America Online, Inc. (USA) or a related company. You agree that information about you which is provided to Primus-AOL may be disclosed to America Online, Inc. or a related company on behalf of Primus-AOL. America Online, Inc. or its related company may use or disclose your personal information or protected information in the same manner that we are able to do so under this User Privacy Policy.
We may also share your personal information with our parent company (Primus Telecommunications Pty Limited ) and related body corporate companies of our parent company (Associated Companies) in order to provide Primus-AOL Services to you or to provide you with information of services provided by our Associated Companies. Our Associated Companies may use your personal information or protected information in the same manner that we are able to do so under this User Privacy Policy.
Our eight principles are listed below and further described in the remainder of this User Privacy Policy:
- We do not read your private online communications.
- We inform you how we will use any information about where you personally go on a Primus-AOL Service or the Internet, and when we will give it out to others.
- We do not give out your personal information or protected information unless you authorise us to do so. We give you the opportunity to correct your personal information held by us.
- We suggest that you review a website's privacy policy before buying any products. We do not give out your purchase data to others.
- We give you choices about how Primus-AOL uses your personal information.
- We take extra steps to protect the safety and privacy of children.
- We use secure technology, privacy protection controls and restrictions on employee access in order to safeguard your personal information and protected information.
- We will keep you informed, clearly and prominently, about what we do with your personal information.
If, at any time, you provide us with personal information about another person (ie an individual - for example if you introduce a friend to Primus-AOL) you must have their authority to do so and you agree to inform that person who we are, that we may use and disclose their information in accordance with this User Privacy Policy and that they can access the information we may hold about them.
Primus-AOL honours the confidentiality of its users' private communications in e-mail (including downloads), Instant Message conversations and private chat rooms. Primus-AOL does not read or disclose private communications except where it is required or authorised by or under law to comply with legislation, legal process such as a search warrant, subpoena or court order, to protect Primus-AOL's rights and property, or during emergencies when we believe physical safety is at risk. Of course, what you write or post in public or user chat rooms and message boards, as well as public identifiers you choose such as your e-mail address is available not only to Primus-AOL, but to all users: Primus-AOL may monitor such communications.
We do not read your private e-mails or Instant Messages, and we do not keep records of these (other than temporarily on our servers), except in the circumstances where other users may have notified Primus-AOL if they discover that you have included offensive, illegal or harmful material in the Instant Message or private e-mail. Primus-AOL will consider whether action needs to be taken and will act accordingly. Primus-AOL reserves the right to retain a record of the complaint and the material complained about.
Our system automatically gathers information about the areas you visit on our Services and on the Internet.
We use navigational information in the aggregate to understand how our users as a group use the Primus-AOL Services and the Internet so that we can make the Primus-AOL Services better. We may also share this statistical information with other outside companies, but in doing so, we don't disclose individual names or personal navigational information.
We do not keep track of where you personally go on the Internet though we do on a de-identified basis.
The websites you visit may have their own privacy policies or no policy at all. We encourage you to review the privacy policies of websites before providing them with any of your personal information.
We will release specific information about your account only to comply with legislation or legal process such as search warrant, subpoena or court orders, or in special cases such as physical threat to you or other circumstances permitted under the National Privacy Principles of the Privacy Act 1988 or the Telecommunications Act 1997 (Cth).
When you join Primus-AOL, we ask you for your name, address, telephone number, and billing information - (including the credit card used to pay for your account) and other details in relation to your account. We may also collect this information from our Associated Companies, from people who provide contact lists and through our Primus-AOL Network (including www.aol7.com.au; www.aol.com.au; www.seven.com.au, and associated Seven Network sites). If you do not provide this information to us, we will not be able to provide you with access to the Primus-AOL Services. We will not give out your personal information or protected information except where needed to deliver a product or service you ordered.
We make lists of users' names and addresses available to our Associated Companies. The Associated Companies are prohibited, however, from using your information except for the specific purpose for which we supply it to them such as for specific direct mail, email and outbound calling product and service offers we think may be of interest to you. We also sometimes combine these lists with publicly available information or segment them based on other information, such as when a user joined Primus-AOL or a user's computer system type. These lists are never based on a user's online activities.
We also use and disclose your personal information and your protected information for the following purposes:
- to verify your account details including details of all persons connected to the same billing account;
- in seeking to resolve technical issues;
- to improve the manner in which we provide our products and services;
- to provide you with information on our products and services or those of our Associated Companies, whether you are a current user or a former user;
- in order to conduct surveys of our members and users so that we can improve our Primus-AOL Services;
- in order to conduct competitions or trade promotions;
- to our suppliers to provide our products and services or third party products or services to you which you have ordered or requested (for example to a mail consultant who will send our starter pack CDs on our behalf, a call centre provider who contacts our users on our behalf and a modem supplier to send you a modem in order to access a Primus-AOL Service);
- to external companies who provide data analysis and data matching services (for example a company that matches user data with publicly available information such as demographic data);
- to our outsourced marketing suppliers who provide you with information on our products and services or those of our Associated Companies (unless you tell us not to - see Principle 5);
- we also keep records in your account history of complaints, your contact with us and any reported violations of our Terms of Service that you or someone using your account may have committed; and
- a prospective buyer of our business, should we wish to sell it.
In addition, we may release specific information about your account to comply with legislation, legal process such as a search warrant, subpoena or court order, or in special cases such as a physical threat to you or others, or in any other manner permitted or authorised by the Privacy Act 1988 (Cth) or the Telecommunications Act 1997 (Cth).
You may request access to the personal information we hold about you at any time and we provide you with the opportunity to update or correct the personal information we hold about you, unless an exemption to that access under the Privacy Act 1988 (Cth) applies. Just as you want to make sure that information Primus-AOL has about you is accurate, we want to keep only the most up-to-date information about your account. Therefore, whenever you believe that your personal information needs updating, you can contact us in the manner listed at the end of this User Privacy Policy.
For all online purchases, be sure to review the merchants' privacy policies and contact them directly if you have any questions. They may have privacy terms that differ from Primus-AOL's User Privacy Policy, and they may use personal information which you may provide them differently than our policy permits.
Primus-AOL may be involved in facilitating your purchases from these other companies, but this individual data is not used for any other purpose.
You agree that information about you, howsoever obtained, may be used by Primus-AOL for the purpose of targeting online advertising towards you while you use a Primus-AOL Service, but only where it is allowed under the National Privacy Principles of the Privacy Act 1988 or the Telecommunications Act 1997 (Cth).
You have choices about how the information you have provided may be used by us to make special offers to you. And you can direct us to remove your name and address from mailing lists we provide to our Associated Companies. Your personal information may already have been provided to us by the Australian Direct Marketing Association which provides lists of individuals who have requested not to receive marketing material.
To activate any of these marketing preferences, contact our Member Services (whose contact details appear at the end of this User Privacy Policy).
- You may choose not to receive marketing offers from Primus-AOL by mail.
- You may choose not to receive marketing offers from Primus-AOL by telephone.
- You may choose not to receive marketing offers from Primus-AOL by e-mail.
- You may choose not to receive marketing offers from Primus-AOL through online "pop-up screens."
- You may choose to have your name and address removed from any mailing lists that we provide to other companies.
Young people need special safeguards and privacy protection. We urge all parents to teach their children about protecting their personal information while online.
We realise children and young people may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices available to adult users. Where available on Primus-AOL Services, we have special privacy policies to protect children and teenagers using areas specifically designed for them, including our Kids Only Channel on AOL. For all other Primus-AOL Services, Primus-AOL will treat personal information of children or young people in the same manner as set out in this User Privacy Policy.
- In areas on AOL designed specifically for children 12 and under, Primus-AOL and its partners require prior parental consent (for example, by sending in a permission form by regular mail or by fax) before collecting or using names, addresses, telephone numbers or other information that identifies a child offline.
- In areas on AOL designed specifically for teenagers 13 to 15, Primus-AOL and its partners may not collect names, addresses, telephone numbers or other personally identifiable information without disclosing how that information will be used and notifying teenagers that they should obtain permission from their parents before providing any information.
- Parental Controls. Another way parents can control their child's experience online is using Parental Controls or suitable content filters. The inbuilt parental controls are only available on certain Primus-AOL Services, namely AOL. These simple, flexible tools allow parents to customise content and functionality to their child's maturity level. For the other Primus-AOL Services, content filters are recommended by Primus-AOL and are able to be purchased direct from third party suppliers.
- Mail Controls. Unsolicited e-mail is a problem for everyone, but it is particularly a problem for children. This includes mail that could contain content you may not want your children to see, or mail that may ask for information you would not want your children to give out. You can minimise the unsolicited e-mail your children receive on some Primus-AOL Services, namely AOL, by blocking all e-mail from the Internet or selecting the e-mail addresses from which you wish to allow your children to receive e-mail. Remember that screen names and information voluntarily given by children and teens in public chat rooms, e-mail exchanges, message boards, and other online communications are publicly available and may be used by other parties to generate unsolicited e-mail. For the other Primus-AOL Services, content filters are able to be purchased direct from third party suppliers.
We use state-of-the-art technology to keep your personal information -including your billing and account information -- as secure as possible. We also have put in place privacy protection control systems designed to ensure that your personal data remains safe and private.
Each and every Primus-AOL employee must abide by Primus-AOL's User Privacy Policy. Only authorised Primus-AOL employees are permitted to have access to your personal information and such access is limited by need. For example, if you call our Member Services department with a concern or complaint, the representative is allowed to access only the personal information that he or she needs to address your concern. In addition, any company with which Primus-AOL contracts to be our agent in conducting our business is required to adhere to confidentiality agreements to ensure that your personal information and protected information remains safe and secure. For AOL which is hosted by America Online, Inc. or its related company, only a limited number of their employees are permitted to have access to your personal information.
All Primus-AOL employees are required to acknowledge that they understand and will comply with this User Privacy Policy. Employees who violate our privacy policies are subject to disciplinary action, including termination.
We strongly encourage our content, commerce and advertising partners to post clearly their own privacy policies and to have privacy control systems in place to protect your personal information. Be sure to review their privacy policies and contact them directly if you have any questions.
A key part of Primus-AOL's commitment to protecting your privacy is explaining to you how we may use your personal information. This User Privacy Policy serves that purpose, and it is accessible through several means within the Primus-AOL Services. On Primus-AOL Broadband it is accessible on the Terms and Conditions section of our homepage (aol7.com.au/termsandconditions/) and on AOL it is accessible via AOL Keyword:Privacy. By using a Primus-AOL Service, you are agreeing to the content of this User Privacy Policy and you consent to us using your personal information and protected information as set out in this User Privacy Policy.
If you'd like to comment on or have questions about our User Privacy Policy, or if you have a concern or policy violation you wish to report, please contact our Privacy Officer.
| By email: |
legalandprivacy@aol.com |
| By mail: |
Locked Bag 7500, Chatswood DC, NSW, 2067 |
| By phone: |
1800 265 265 |
| By facsimile: |
(02) 9410 5055 |
We will respond to your query or complaint as soon as possible and will try to resolve any complaint within a reasonable period of time.
Primus-AOL's offices are located at:
Primus Online Pty Limited ACN 29 092 063 691
Level 12, North Tower, 1-5 Railway Street, Chatswood, NSW, 2067.
Locked Bag 7500, Chatswood DC, NSW 2065
| Email address: |
aufeedback@aol.com |
| By phone: |
1800 265 265 |
| By facsimile: |
(02) 9410 5055 |
| Primus-AOL |
Broadband |
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Billing: |
aol7.com.au/myaccount |
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Marketing Preferences: |
aol7.com.au/myaccount |
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Terms and Conditions: |
aol7.com.au/termsandconditions/ |
| AOL |
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Billing: |
AOL Keyword: Billing |
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Marketing Preferences: |
AOL Keyword: Marketing Prefs |
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Terms of Service: |
AOL Keyword: TOS |
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Parental Controls: |
AOL Keyword: Parental Controls |
Copyright © 2004 Primus Online Pty Limited ACN 29 092 063 691
Version 1.1 Published 29 March 2004 |
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