APP 1 - Open and Transparent Management of Personal Information
This policy has been drafted having regard to Mobility Matters' obligations under the Privacy Act 1988 (including the Australian Privacy Principles) (the Privacy Act).
APP 2 - Anonymity and Pseudonymity
APP 2 provides that individuals have the option of dealing anonymously or by pseudonym with Mobility Matters. However Mobility Matters is not required to provide the option of dealing with us anonymously or by pseudonym if it is required or authorised by law or court or tribunal order to deal with identified individuals or if it is impractical for Mobility Matters to deal with individuals who have not identified themselves.
APP 3 - Collection of Solicited Personal Information
Mobility Matters will only collect Personal Information where the information is necessary for Mobility Matters 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.
Mobility Matters collects Personal Information primarily to supply customers with the products and services ordered from it and its Related Companies. Mobility Matters also collects and uses Personal Information for secondary purposes including:
- Billing and account management
- Product tracking for the purpose of product warranty, service and re-calls
Business planning and product development.
- To provide individuals with information about promotions, as well as the products and services of Mobility Matters and its Related Companies.
Mobility Matters will not collect Sensitive Information from individuals except with consent and only where it is necessary for Mobility Matters and its Related Companies to collect such information for the provision of a service or a product.
Mobility Matters will not collect Personal Information secretly or in an underhanded way
APP 4 - Dealing with unsolicited personal information.
Unsolicited Personal Information is Personal Information received by Mobility Matters where Mobility Matters has taken no active steps to collect the information.
If Mobility Matters receives unsolicited personal information, Mobility Matters will decide if the information could be collected under the APP 3 or if not collected under APP 3 the information will be destroyed or de-identified as soon as practicable if it is lawful and reasonable to do so.
If the unsolicited personal information is contained in a Commonwealth Record, APP 4 does not require it to be destroyed or de-identified.
APP 5 - Notification of the Collection of Personal Information
Mobility Matters will take reasonable steps to notify each individual of certain matters or ensure that the individual is aware of those matters. Mobility Matters will take reasonable steps before or at the time of collection to issue a notice of collection. If this is not practical at this times Mobility Matters will take reasonable steps to issue a collection notice as soon as practical after collection.
The matters include:
- Who we are
- Why we are collection the customers personal information
- Whether the collection information is required or authorised by Law
- Consequences if personal information is not collected
- The usual disclosures of personal information, including releasing information overseas.
APP 6 – Use or Disclosure
Mobility Matters may:
- Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual.
- Disclose Personal Information between its Related Companies. Where information is Disclosed to a Related Company, that Related Company is bound by the original Primary Purpose for which the information was collected.
- Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as product servicing), 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.
- Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
- Disclose Personal Information to avoid an imminent threat to a person's life or to public safety.
- If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, Mobility Matters will not Disclose Personal Information otherwise than in accordance with the exceptions set out above.
Mobility Matters 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.
Mobility Matters 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 it had the appropriate consent of the individual involved. If the consent provided is conditional, Mobility Matters will take steps to ensurethat the use of its customer list by third parties does not exceed the scope of the consent.
APP 7 – Direct Marketing
Direct Marketing involves the use or disclosure of personal information to communicate directly with an individual to promote goods and services.
Mobility Matters may use collected personal information to perform direct marketing. Mobility Matters allows individuals to opt out of direct marketing at time of collection or at any time after collection. If an individual choses to opt out of receiving direct marketing Mobility Matters will comply with that request within 48 hours of receiving the request.
Mobility Matters will also upon request provide its source for an individual’s personal information unless it is impractical or unreasonable to do so.
APP 8 – Cross Board disclosure of Personal Information
Mobility Matters will take reasonable steps to limit the amount of Personal Information it sends to unrelated organisations overseas.
If Personal Information must be sent overseas by Mobility Matters and its Related Companies for sound business reasons, Mobility Matters 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.
APP 9 – Adoption, use or disclosure of Government Related Identifiers
Mobility Matters may as use or disclose a government related identifier of an individual if the use or disclosure is reasonably necessary for Mobility Matters to fulfil its obligations to an agency or a State or Territory authority.
APP 10 – Quality of Personal information
Mobility Matters will:
- review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
- 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.
- Take reasonable steps to ensure that the personal information that is collected is up to date, accurate and complete at time of the collection and at any time of use.
- Correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
APP 11 – Security of personal information
Mobility Matters requires employees and contractors to perform their duties in a manner that is consistent with Mobility Matters' legal responsibilities in relation to privacy.
Mobility Matters 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 Mobility Matters and its Related Companies who have a genuine "need to know" as well as "right to know".
Mobility Matters will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.
APP 12 – Access to personal information
Mobility Matters will:
- allow its records containing Personal Information to be accessed by the identified individual concerned in accordance with the Privacy Act. Individuals wishing to lodge a request to access to their Personal Information should do so by contacting Mobility Matters' Customer Service, as per the details at the end of this document.
- Respond to an individuals’ request for access within 30 days of receiving the request.
- Give access to personal information in the manner requested by the individual, if it is reasonable and practicable to do so. The manner of access may, for example, be by email, by phone, in person, hard copy, or an electronic record.
- Not charge an application fee to an individual’s request for access to their Personal Information, however there may be a small fee charged for giving the individual access to their information. These charges will only cover staff costs for collating the information, costs of materials and postage when providing the information.
- Respond in writing if a request for access to personal information is refused stating the reason/s for refusal and the complaints mechanism available to the individual.
Mobility Matters' 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 Mobility Matters' Customer Service, as per the details at the end of this document.
Privacy complaints will be managed in accordance with Mobility Matters' Complaint Handling Procedure.
APP 13 – Correction of personal information
Mobility Matters will:
- Take reasonable steps to correct personal information to ensure that, having regard to the purpose for which it is held, it is accurate, up to date, complete, relevant and not misleading.
- Respond to requests for correction to personal information within 30 days. If correction is refused a written notice will be provided setting reason/s and complaint mechanisms available to the individual.
- Not charge for requests for correction of an individual’s personal information.
Updated July 2016