CWNet Privacy Policy Overview

This document sets out the principles that CWNet will adopt in order to protect information about individuals. This policy explains how we are committed to collecting, using, disclosing, storing, handling and protecting your personal information under the applicable privacy laws.

In this Privacy Policy, 'personal information' has the meaning set out in applicable privacy laws, including the Privacy Act 1988 (Cth) (as amended or updated from time to time) (Privacy Act). In general terms, personal information is information (whether fact or opinion) about an individual who is identified or reasonably identifiable that information or other information combined in with that information.

Information We Collect

Personal Information

The types of personal information we collect about you will depend on the purpose for which the personal information is collected, including the types of products or services you buy from us, how you use them and our general relationship with you. This can include, in the case of –

·         Customers buying our Services: Information needed to verify you and set up your account, including your name, date of birth, email address, proof of identity, financial information, including billing or mailing address, payment information (including credit or debit card information or bank account details), order details and phone number. For business, enterprise and government clients, your individual relationship or account manager contact information may also be collected

·         Customers using our Website: Technical information and general analytics about how you use our Website, systems and applications, such as web browser type and browsing preferences, Internet service provider, referring/exit pages, date/time stamps, IP address, time zone and geolocation data, some of which is collected automatically, arising from your use of our websites, systems and/or applications, as well as information about your usage of our website systems and/or applications when browsing;

·         Customers who elect to receive news about exclusive offers, promotions, or events: Your name, mailing or street address, email address, and telephone number(s);

·         Customers who have contacted us to make a complaint, provide feedback, submit an enquiry, request a call-back, or request a product replacement: Your name, mailing or street address, email address, and telephone number;

In some circumstances we may ask you to provide us with personal information about other individuals, such as family members or authorised representatives. We need you to obtain the consent of those individuals and can provide them with a copy of this Privacy Policy before providing their personal information to us.

Personal information obtained from third parties

When personal information is obtained from third parties, such information will be limited to that required for the identified purpose and will be collected by lawful and fair means for purposes directly related to CWNet activities.

Lawful and fair means

CWNet will only collect personal information by lawful means and by means that do not mislead or deceive the person concerned or any third party. CWNet will inform customers of any significant consequences of not providing information.

Notification of Usual Disclosure Practices

If appropriate and practicable to do so, individuals will be notified of any usual disclosure practice of CWNet for the personal information being collected. The notification will be provided at the time of collection or as soon as practicable after the collection has occurred.

Telecommunications Information

Telecommunications Data has the meaning given in section 276(1) of the Telecommunications Act 1997 (Cth) (as amended or updated from time to time). Depending upon the Services you buy from us, we may also collect Telecommunications Data about you including:

·         Device data on how customers interact with CWNet, including hardware models, device IP address or other unique device identifiers, operating systems and versions, software, advertising identifiers, device authentication times, device motion data and mobile network data;

·         Technical information and general analytics such as web browser type and browsing preferences, Internet service provider, referring/exit pages, date/time stamps, IP address, time zone and geolocation data (if applicable), some of which is collected automatically, arising from your use of CWNet websites or platforms, as well as information about your usage of our websites or platforms when browsing.

Sensitive Information

CWNet will not collect Sensitive Information about an individual unless:

               A.     the individual has consented; or

               B.     the collection is required by law; or

               C.     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:

                                i.            is physically or legally incapable of giving consent to the collection; or

                              ii.            physically cannot communicate consent to the collection; or

                            iii.            the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

        D.    CWNet may however collect health information about an individual if:

                                i.            the information is necessary to provide a health service to the individual; and

                              ii.            the information is collected as required by law (other than the Privacy Act); or

                            iii.            in accordance with rules established by competent health or

                            iv.            medical bodies that deal with obligations of professional confidentiality which bind AIS.

        E.      CWNet may collect health information about an individual if the collection is necessary for any of the following purposes:

                              v.            research relevant to public health or public safety;

                            vi.            the compilation or analysis of statistics relevant to public health or public safety;

                          vii.            the management, funding or monitoring of a health service;

                        viii.            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;

                            ix.            it is impracticable for AIS to seek the individual’s consent to the collection;

                              x.            the information is collected as required by law (other than the Privacy Act);

                            xi.            in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind AIS; or

                          xii.            in accordance with guidelines approved by the Privacy Commissioner under section 95A of the Privacy Act.

If CWNet collects health information about an individual, CWNet  will take reasonable steps to permanently de-identify the information before CWNet discloses it.

Non Discriminatory

CWNet  will not collect, use or disclose information about an individual's:

               A.     political, social or religious beliefs or affiliations;

               B.     race, ethnic origins or national origins; or

               C.     sexual preferences or practices;

                unless the collection or use is in accordance with this procedure.

Do you have to give us your personal information?

If you contact us to make a general enquiry about us or our business, you do not have to identify yourself or provide any personal information. Alternatively, you can also notify us that you wish to deal with us using a pseudonym.

If we cannot collect personal information about you or if you use a pseudonym, we may not be able to provide you with the products, services or information you require. For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number. If you do not provide us with relevant billing and payment information, we will not be able to provide services to you.

How do we use your personal information?

We use your personal information for purposes collected, including for the purposes of:

·         Managing our business and providing our products and services to you, including to:

o   provide you with the services you have requested;

o   verify your identity; and

o   bill you for our products and services;

·         Improving our services, including to:

o   enable the proper operation and functionality of our services;

o   monitor our network use, quality, and performance, and when operating, maintaining, developing, testing and upgrading our products, systems and infrastructure; and

o   use analysis and intelligence techniques to obtain high level insights into usage and location patterns or trends, network performance, demographic trends, and other types of behavioural data monitoring as further outlined in this Privacy Policy;

·         Compliance with laws, including:

o   as required and permitted by laws that apply to us, including telecommunications laws and related industry codes and standards;

o   to provide access to emergency services where permitted by applicable laws; and

o   to assist law enforcement agencies and emergency services

·         Network, Security and Fraud Protection, including to:

o   prevent, detect and investigate any suspicious, fraudulent, criminal or other malicious (including scams) activity that may cause you, us or others harm, including in relation to our services;

o   secure our networks, and inform you of any network security or data breach issues; and

o   conduct audits or determine your creditworthiness

·         Direct Marketing, including to:

o   send you newsletters or direct marketing communications as set out below, unless you have opted out of receiving direct marketing communications; and

o   conduct general market research and analysis (Please see our 'Direct Marketing' section below for more information or if you wish to opt out of direct marketing activities); and

·         Communication, including to:

o   communicate with you regarding any of the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner; and

o   for applicants for roles with us, to communicate with you regarding your application or other vacancies.

Direct Marketing

We may send you direct marketing communications through different channels including mail, SMS, email or third party marketing platforms.

We do this to market, promote or update you on offers, promotions or changes relating to products and services that you acquire from us, or that we, our subsidiaries or our business partners, consider may be of interest to you. We may use your personal information to do so for up to 12 months after you cease to acquire products or services from us.

However, we will not send you direct marketing communications where you have told us that you do not want to receive these communications. You have the right to opt out of receiving any and all marketing communications from us at any time, by contacting us on the details below, or by using the specific opt-out facilities provided in the relevant direct marketing communication.

You cannot opt out of receiving operational emails (e.g., network outages, invoices or emergencies).

You can opt out by:

·         phoning us on 0429 659 220

·         emailing us with the subject line 'Opt-out of direct marketing' at accounts@cwnet.com.au

·         completing the form here: cwnet.com.au/optout

Consent

Depending on the circumstances, consent for the use or disclosure of personal information may be express or implied. Generally, express consent will be obtained where the information is likely to be considered sensitive, taking account of the proposed use and the reasonable expectations of the individual concerned.

Consent may be withdrawn at any time, but not with retrospective effect. The individual concerned will be informed of the consequences of withdrawing their consent.

Employment data

CWNet will only use employment information to the extent required by the proper discharge of its employment obligations and appropriate management of its staff. Access to employment information will be restricted to those needing access for the proper performance of their duties.

Credit information

CWNet will comply with the Credit Reporting obligations set out under Part III A of the Privacy Act and those set out in the Code of Conduct issued under the authority of the Privacy Act. CWNet will also comply with any industry Credit Code developed under Division 3 of Part 6 of the Telecommunications Act.

Do we share your personal information with third parties?

We may need to share your personal information with third parties in connection with the purposes described in this Privacy Policy. This may include disclosing your personal information to the following types of third parties:

·         our employees, contractors and third party service providers;

·         organisations authorised by us to conduct promotional, research and/or marketing services, including managing exclusion from targeted or direct marketing communications;

·         if you are a candidate for a role with us, third parties to whom you have authorised us to disclose your information (e.g., referees);

·         credit information to Credit Reporting Bodies;

·         any potential third party acquirer of our business or assets, and advisors to that third party; and

·         any other person as required or permitted by law.

·         We may also disclose your personal information to third parties where:

·         you have consented to the disclosure;

·         it is required or authorised by law or reasonably necessary for law enforcement or for public safety; or

·         it will prevent or lessen a serious and imminent threat to somebody’s life or health.

WE WILL NEVER SELL YOUR INFORMATION TO THIRD PARTY ADVERTISERS OR BODIES

Disclosure of Personal Information Overseas

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

               A.     CWNet 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 CWNet Privacy Policy Principles;

               B.     the individual consents to the transfer;

               C.     the transfer is necessary for the performance of a contract between the individual and CWNet, or for the implementation of pre-contractual measures                   taken in response to the individual’s request;

               D.    the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between CWNet and a third party;

               E.      all of the following apply:

                                i.            the transfer is for the benefit of the individual;

                              ii.            it is not practicable to obtain the consent of the individual to that transfer;

                            iii.            if it were practicable to obtain such consent, the individual would be likely to give it;

                            iv.            CWNet 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 CWNet Privacy Policy Principles.

Disclosure for law enforcement purposes

CWNet will disclose personal information to officers and authorities of the Commonwealth, States and Territories when it is reasonably necessary for any of the following purposes:

               A.     enforcing the criminal law and laws imposing pecuniary penalties,

       B.     protecting the public revenue,

       C.     Safeguarding national security.

Such disclosures will be strictly in accordance with company policies and procedures or as otherwise directed by the CWNet Directors.

Where personal information is disclosed for law enforcement purposes or for the protection of public revenue, a record will be made into a register for statutory reporting purposes.

CWNet will usually request an agency to provide certification under s282 of the Telecommunications Act that the disclosure is reasonably necessary. However, if no certification is provided, CWNet will make an assessment as to whether, in the circumstances, the disclosure should be made. Except as required by law, CWNet will not disclose personal information to customers for their personal law enforcement purposes.

Record Keeping of Disclosures

CWNet will maintain a record of disclosures, where required to in accordance with Part 13 Division 5 of the Telecommunications Act, within 5 days of the disclosure being made and the record will be kept for a period of 3 years. The Privacy Commissioner is responsible for monitoring compliance with this record-keeping requirement.

Data Quality

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

               A.     CWNet will use its best endeavours to ensure that personal information is accurate, complete and up-to-date when such information is collected, used                  or disclosed.

               B.     Where personal information is collected from the individual concerned it will generally be assumed to be accurate, complete and up to date, at the time                  of collection, unless there is other information which suggests that it is not.

               C.     Greater care will be exercised to determine the accuracy, completeness and currency of personal information collected from other sources.