1. About this Document

1.1 This document (“Privacy Policy”) sets out the policy of C.T. Agency – ABN  48077292249 in respect of the treatment of your Personal Information or your affairs or personal particulars.

2. Interaction with Telecommunications Act 1997 (Cth)

2.1 C.T. Agency is a Carriage Service Provider and is subject to obligations set out in the Telecommunications Act 1997 (Cth)

2.2 To the extent that any of your Personal Information is also information of the kind referred to section 276 of the Telecommunications Act 1997 (Cth) (in particular, information that relates to your affairs or personal particulars) C.T. Agency will not use or disclose that information unless permitted by the Telecommunications Act 1997 (Cth) and the Privacy Act 1988 (Cth).

3. Dictionary

3.1 To assist in the understanding of this Privacy Policy, the following capitalized words in this Privacy Policy have the following meanings:
Carriage Services has the meaning given to that term in the Telecommunications Act 1997 (Cth).
Carriage Service Provider has the meaning given to that term in the Telecommunications Act 1997 (Cth).
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
Related Body Corporate has the meaning given to that term in the Privacy Act 1988 (Cth).
Sensitive Information has the meaning given to that term in the Privacy Act 1988 (Cth).
and includes information as to race, political opinion, religious believes, sexual preferences and membership of a professional or trade association.

4. Collection

4.1 1 C.T. Agency will collect Personal Information from you if that Personal Information is necessary for one or more of C.T. Agency’s functions or activities.

4.2 Personal Information is predominantly collected so that C.T. Agency can supply Carriage Services to you (or contact you in respect of a proposed supply of Carriage Services) and perform ancillary and incidental functions. This includes:

• • • customer service;
    • complaints handling;
    • billing; and
    • promoting our special offers as well as offers from our Related Bodies Corporate, suppliers and/or affiliated third parties.

4.3 C.T. Agency may collect Personal Information using several different methods. For example, Personal Information may be collected by C.T. Agency:

• • • directly from you by telephone, email or by completing a form (e.g. C.T. Agency may be provided with Personal Information on a customer application form, during contractual negotiations, during voice verification etc.); or
    • from third parties such as our Related Bodies Corporate, credit reporting agencies or your representatives; or
    • from information in the public domain – however if it is reasonable and practicable to do so, we will only collected Personal Information about you directly from you.

4.4 C.T. Agency will take reasonable steps to ensure that you are aware at the time of collection (if practicable):

• • • that C.T. Agency is collecting the Personal Information and as to how to contact C.T. Agency (if this is not obvious to you);
    • that you may gain access to the Personal Information (see paragraph 9 below);
    • the purpose for which the Personal Information is collected (this may be referring you to this Privacy Policy); done by
    • of the organisations (or types of organisations) to which C.T. Agency usually discloses Personal Information (this may be done by referring you to this Privacy Policy);
    • of any law that requires the Personal Information to be collected (for example, for compliance with the laws relating to the Integrated Public Number Database); and
    • of the consequences (if any) of C.T. Agency not collecting the Personal Information (typically, this will be an inability to supply Carriage Services to you).

4.5 If it is not practicable for C.T. Agency to take reasonable steps to make you aware of the matters set out in paragraph 4.4 at the time of collection, C.T. Agency will do so as soon as practicable after collection.

5. Use and Disclosure

5.1 C.T. Agency will generally only use Personal Information for the primary purpose for which it was collected (for example, Personal Information set out in a customer application form is collected for C.T. Agency). the primary purpose of facilitating the supply of Carriage Services by

5.2 However, C.T. Agency may use or disclose Personal Information for a secondary purpose in the following circumstances:
Reasonable Expectation

5.3 C.T. Agency may use or disclose Personal Information for a secondary purpose if:

• • • the secondary purpose is related to (or if the Personal Information is Information, directly related to) the primary purpose of the collection; and Sensitive
    • you would reasonably expect C.T. Agency use or disclose the Personal Information for that purpose.

5.4 For example, C.T. Agency considers that if you are a customer, you would reasonably expect C.T. Agency to disclose or use your Personal Information to:

• • • its printing and mailing house to print and dispatch correspondence and communications to you or
    • notify the customer of special offers or promotions from C.T. Agency, its Related Bodies Corporate, suppliers and/or affiliated third parties; or
    • ask you to participate in a customer satisfaction survey; or
    • to its dealers, sub-contractors, and agents to enable them to perform certain functions on behalf of C.T. Agency.

Consent

5.5 5 C.T. Agency may use or disclose Personal Information for a secondary purpose if you provide your express consent or consent can be implied.

5.6 C.T. Agency may seek your consent on an application form for services, during the voice contracting stage of your application or in some other way.

Direct Marketing

5.7 C.T. Agency may use or disclose Personal Information for the secondary purpose of direct marketing.

5.8 Unless paragraphs 5.3 to 5.6 allow C.T. Agency to otherwise use Personal Information for direct marketing, C.T. Agency will only use Personal Information for direct marketing to you if:

• • • • it is not Sensitive Information;
      • it is impracticable for C.T. Agency to seek your consent before that particular use;
      • C.T. Agency will not charge you for giving effect to a request by you to not receive direct marketing communications;
      • you have not requested C.T. Agency not to receive direct marketing communications;
      • in each direct marketing communication with you, C.T. Agency draws to your attention, or prominently displays a notice, that you may express a wish not to receive any further direct marketing communications; and
      • each written direct marketing communication by C.T. Agency with you sets out C.T. Agency’s business address and telephone number and, if the communication is made by fax, telex or other electronic means, a number or address at which C.T. Agency can be directly contacted electronically.

5.9 To avoid doubt, C.T. Agency will also comply with the Spam Act 2001 (Cth) and Do Not Call Register Act 2006 (Cth) in circumstances of direct marketing to you.

Life, Health and Safety

5.10 C.T. Agency may use or disclose Personal Information if C.T. Agency reasonably believes that it is necessary to lessen or prevent:

• • • • a serious and imminent threat to an individual’s life, health or safety; or
      • a serious threat to public health or public safety.

Unlawful Activity

5.11 C.T. Agency may use or disclose Personal Information if C.T. Agency has reason to suspect that unlawful activity has been, is being, or may be engaged in. However, C.T. Agency’s use or disclosure will be limited to that which is a necessary part of C.T. Agency’s investigation into the matter or in reporting C.T. Agency’s concerns to relevant persons or authorities.

Permitted by Law

5.12 C.T. Agency may use or disclose Personal Information if C.T. Agency is permitted by law to do so. For example, C.T. Agency may disclose your Personal Information pursuant to:

• • • • a law enforcement request;
      • court order or subpoena; or
      • its interception obligations.

Disclosure to the Enforcement Body

5.13 C.T. Agency may use or disclose Personal Information if C.T. Agency is permitted by law to do so. For example, C.T. Agency may disclose your Personal Information pursuant to an enforcement body (for example, the Australian Federal Police, ASIC, ACCC, police force etc.) if C.T. Agency believes that it is reasonably necessary for:

• • • • the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
      • the enforcement of laws relating to the confiscation of the proceeds of crime;
      • the protection of the public revenue;
      • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
      • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

6. Data Quality

6.1 C.T. Agency will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.

6.2 C.T. Agency will also take reasonable steps to make sure that the Personal Information collected, used or disclosed is accurate, complete and current.

7. Data Security

7.1 C.T. Agency will take reasonable steps to protect the Personal Information it holds from misuse and loss and from unauthorised access, modification or disclosure. It will generally do so by:

• • • restricting or limiting the access to Personal Information to those of its employees, agents or contractors who have a ‘need to know’;
    • removing access from employees, agents or contractors who no longer work for or with C.T. Agency or no longer have a ‘need to know’;
    • reviewing and resetting passwords which provide access to Personal Information with reasonable frequency; and
    • implement enhanced security access features to prevent unauthorized access, use or disclosure.

7.2 C.T. Agency will take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose for which the Personal Information may be used or disclosed.

8. Openness

8.1 The C.T. Agency website will contain a prominently displayed link to this Privacy Statement.

8.2 C.T. Agency will refer any person to this Privacy Statement if that person requests information on C.T. Agency’s policy on the management of Personal Information.

8.3 On request by a person, C.T. Agency will take reasonable steps to let the person know, in general terms, what sort of Personal Information is held and the reasons for which that Personal Information is generally collected. C.T. Agency will also provide information, in general terms, with respect to how C.T. Agency holds, uses, and discloses that Personal Information.

9. Access and Correction

9.1 1 If C.T. Agency holds your Personal Information, C.T. Agency will provide you with access on request to that Personal Information, in particular, so that you can verify the Personal Information is accurate, complete and current. If the Personal Information is not accurate, complete, or current, C.T. Agency will take reasonable steps to remedy the inaccurate, incomplete or outdated Personal Information.

9.2 However, C.T. Agency will not provide you with access to the extent that:

• • • providing access would pose a serious and imminent threat to the life or health of any person; or
    • providing access would have an unreasonable impact upon the privacy of any other person; or
    • the request for access is frivolous or vexatious; or
    • the Personal Information relates to existing or anticipated legal proceedings between C.T. Agency and yourself, and the Personal Information would not be accessible by the process of discovery in those proceedings; or
    • providing access would reveal C.T. Agency’s intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
    • providing access would be unlawful; or
    • denying access is required or authorised by or under law; or
    • providing access activity; or would be likely to prejudice an investigation of possible unlawful
    • providing access would be likely to prejudice:
      • the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
      • the enforcement of laws relating to the confiscation of the proceeds of crime; or a prescribed law; or
      • the protection of public revenue; or
      • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
      • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or
    • an enforcement body performing a lawful security function asks C.T. Agency not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

9.3 Additionally, if providing access would reveal evaluative information generated within C.T. Agency in connection with a commercially sensitive decision-making process, C.T. Agency may give you an explanation for the commercially sensitive decision rather than direct access to the information.

9.4 C.T. Agency reserves the right to charge a fee for searching for and providing access to your Personal Information (except if any other law prohibits C.T. Agency from charging a fee). In any event,

10. Anonymous Transactions

10.1 C.T. Agency will allow its customers to transact with it anonymously wherever that is reasonable and practicable.

11. Transferring Personal Information Overseas

11.1 C.T. Agency may transfer Personal Information outside of Australia where C.T. Agency considers that it is necessary or desirable to do so.

However, C.T. Agency will not transfer your Personal Information outside of Australia unless any of the following circumstances exist:

• • C.T. Agency reasonably believes that the recipient of the Personal Information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that is substantially similar to the National Privacy Principles contained in the Privacy Act 1988 (Cth); or
  • you consent to the transfer; or
  • the transfer is necessary for the performance of a contract between C.T. Agency and yourself, or for the implementation of pre-contractual measures taken in response to your request; or
  • the transfer is necessary for the conclusion or performance of a contract concluded in your interest between the C.T. Agency and a third party; or
  • all of the following apply:
    • the transfer is for your benefit;
    • it is impracticable to obtain your consent to that transfer;
    • if it were practicable to obtain your consent, you would be likely to give it; or
  • C.T. Agency 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 the National Privacy Principles contained in the Privacy Act 1988 (Cth).