Hotkey Privacy Policy

I. Purpose

Hotkey is committed to the protection of personal privacy and has implemented a set of privacy principles based on the obligations under the Telecommunications Act 1997 (the ‘Telecommunications Act’), the Privacy Act 1988 (the ‘Privacy Act’), the Telecommunication Industry Ombudsman Scheme and the ACIF Code of Practice (the ‘Industry Code’).

This Policy sets out the principles that Hotkey has adopted in order to protect information about individuals. These principles deal with the collection, use and disclosure of consumer-related information as well as access to information.

In this Policy, Hotkey means Hotkey Internet Services Pty Ltd and Hotkey franchisees.

Privacy

Part 13 of the Telecommunications Act requires that carriers, carriage service providers and their employees (amongst others) must protect the confidentiality of information relating to:

· the contents of communications;

· carriage services supplied or intended to be supplied; and

· the affairs or personal particulars of any person.

Hotkey’ Privacy Policy

Collection

Hotkey will only collect personal information that is necessary for one or more of its legitimate functions or activities. Such information will be collected by lawful and fair means and not in an unreasonably intrusive way.

At or before the time Hotkey collects personal information from the subject of the information (or, if that is not practicable, as soon as practicable thereafter), Hotkey will take reasonable steps to ensure that the subject of the information is aware of:

(a) Hotkey’ identity and how to contact it; and

(b) the fact that he or she is able to gain access to the information; and

(d) to whom (or the types of individuals or organisations to which) Hotkey usually discloses information of this kind; and

(e) any law that requires the particular information to be collected; and

(f) the main consequences (if any) for the individual if all or part of the information is not provided.

Where it is reasonable and practicable to do so, Hotkey will collect personal information directly from the subject of the information. If Hotkey collects the information from a third party (ie not directly from the subject), it will take reasonable steps to ensure that the subject of the information is or has been made aware of the matters listed in the paragraph above.

Use

Hotkey will not use personal information for a purpose (a secondary purpose) other than the primary purpose of collection unless:

(a) (i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection, and

(ii) the subject of the information would reasonably expect Hotkey to use the information for the secondary purpose, and the use is made in performance of a person’s duties as an employee, agent or contractor of Hotkey; or

(b) the individual has consented to the use; or

(c) if the information is not sensitive information and Hotkey uses the personal information for the purpose of direct marketing:

(i) it is impracticable for Hotkey to seek the individual’s consent before using the information; and

(ii) Hotkey will not charge the individual for giving effect to a request by the individual to Hotkey not to receive direct marketing communications; and

(iii) the individual has not made a request to Hotkey not to receive direct marketing communications; and

(iv) Hotkey gives the individual in each direct marketing communication the express opportunity to decline to receive any further direct marketing communications; and

(v) each written direct marketing communication by Hotkey with the individual sets out Hotkey’ business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which Hotkey can be directly contacted electronically; or

(d) Hotkey reasonably believes that the use is necessary to lessen or to prevent

(i) a serious and imminent threat to an individual’s life, health or safety; or

(ii) a serious threat to the public health or public safety; or

(e) Hotkey has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or

(f) the use is required or specifically authorised by law; or

(g) Hotkey reasonably believes that the use is reasonably necessary for one or more of the following by or on behalf of an enforcement body:

(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of law imposing a penalty or sanction or breaches of a prescribed law;

(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;

(iii) the protection of the public revenue;

(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;

(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Disclosure

Hotkey will only disclose personal information for a purpose other than the primary purpose of collection (a secondary purpose) if:

(a) the secondary purpose is related to the primary purpose of collection, the subject of the information would reasonably expect Hotkey to disclose the information for the secondary purpose, and the disclosure is made in the performance of a person’s duties as an employee of Hotkey; or

(b) the individual has consented to the disclosure; or

(c) Hotkey reasonably believes that the disclosure is necessary to prevent or lessen a serious and imminent threat to an individual’s life or health; or

(d) the disclosure is required or specifically authorised by law; or

(e) the disclosure is made to an officer or employee of ASIO authorised to receive it and in connection with the performance of ASIO’s functions; or

(f) the disclosure is reasonably necessary for the enforcement of the criminal law or a law imposing a pecuniary penalty or for the protection of the public revenue or has been certified as reasonably necessary by an Authorised Officer of an Enforcement Agency; or

(g) Hotkey has reason to suspect that unlawful activity has been, is being or may be engaged in and discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities.

In circumstances where disclosure may be required or authorised by or under law, Hotkey will ensure that the request for information is lawful and that personal information is only disclosed to the extent required. Where personal information is disclosed for law enforcement purposes or for the protection of public revenue, Hotkey retains a record of the disclosure.

Data Quality

Hotkey takes reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up-to-date. Hotkey uses its best endeavours to ensure that personal information is relevant, accurate, complete and up-to-date for the purpose for which it is to be used, both at the time of collection and before each use.

Data Security

Hotkey takes reasonable steps to protect personal information it holds from misuse and loss and from unauthorised access, modification and disclosure. Furthermore it takes reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose.

Openness

Hotkey has a clearly expressed policy on its management of personal information (Hotkey Privacy Statement). This Privacy Statement will continue to be readily available.

On request, Hotkey takes reasonable steps to let individuals know, generally, what sort of personal information it holds, for what purposes, and how it collects, uses, and discloses that information.

Access and Correction

Where Hotkey holds personal information about an individual, it will provide the individual with access to the information on request, in a form or manner suitable to the individual’s reasonable needs, except to extent that

(a) providing access would pose a serious and imminent threat to the life or health of any individual; or

(b) providing access would have an unreasonable impact upon the privacy of other individuals; or

(d) the information relates to existing or anticipated legal dispute resolution proceedings between Hotkey and the individual, and the information would not be accessible by the process of discovery in those proceedings; or

(e) providing access would reveal Hotkey’ intentions in relation to negotiations with the individual in such a way as to prejudice those negotiations; or

(f) providing access would be unlawful; or

(g) denying access is required or authorised by or under law; or

(h) providing access would be likely to prejudice an investigation of possible unlawful activity; or

(i) providing access would be likely to prejudice:

(i) 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

(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or

(iii) the protection of the public revenue; or

(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or

(v) 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

(j) Australian Security Intelligence Organisations (ASIO), Australian Security Intelligence Service (ASIS) or an enforcement agency performing a lawful national security function asks Hotkey not to provide access on the basis that providing access would be likely to cause damage the national security of Australia.

Where providing access would reveal evaluative information generated within Hotkey in connection with a commercially sensitive decision-making process, Hotkey may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

If Hotkey is not required to provide the individual with direct access to information, it will, if reasonable, consider whether the use of a mutually agreed intermediaries would allow sufficient access to meet the needs of both paries.

If Hotkey charges for providing access to personal information, those charges will not be excessive and will not apply to lodging a request for access.

If Hotkey holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up to date, Hotkey will take reasonable steps to correct the information so that it is accurate, complete and up to date.

If the individual and Hotkey disagree about whether the information is accurate, complete and up-to-date, and the individual asks Hotkey to associate with the information a statement that the information is not accurate, complete or up-to-date, Hotkey will take reasonable steps to do that.

Hotkey will provide reasons for denial of access or correction.

Identifiers

Hotkey will not adopt as its own identifier an identifier that has been assigned by a government agency (or by an agent of, or contractor to, a government agency acting in its capacity as agent or contractor).

Hotkey will not use or disclose an identifier assigned to an individual by a government agency (or by an agent of, or contractor to, a government agency acting in its capacity as agent or contractor) except where clause 12.2 of the Industry Code applies.

Anonymity

Whenever it is lawful and practicable, individuals will have the option of not identifying themselves when dealing with Hotkey.

Trans-border Data Flows

Hotkey will not transfer personal data outside Australia unless:

(a) Hotkey reasonably believes that the recipient of the information is subject to a statute, binding scheme or contract which effectively upholds principles for fair information handling that are substantially similar to the National Privacy Principles; or

(b) the individual concerned consents to the transfer; or

(c) the transfer is necessary for the performance of a contract between the individual concerned and Hotkey, or for the implementation of pre-contractual measures taken in respect to the individual’s request; or

(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual concerned between Hotkey and a third party; or

(e) the transfer is for the benefit of the individual concerned; and

(i) it is not practicable to obtain the consent of the subject of the information to that transfer; and

(ii) if it were practicable to obtain such consent, the subject of the information would give it; or

(f) Hotkey has taken reasonable steps to ensure that information that it has transferred will not be collected, held, used or disclosed by the recipient of the information inconsistently with these rules.

Sensitive Information

Hotkey will not collect personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation unless:

(a) the subject of information has consented; or

(b) the collection is required or specifically authorised by law; or

(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life of any individual, where the subject of the information is physically or legally incapable of giving consent; or

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