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Privacy Policy

PURPOSE

Yowsi has opted into and is committed to the protection of personal privacy as required under the Privacy Act 1988 (Cth) ("the Privacy Act").

Yowsi has adopted a set of privacy principles based on the National Privacy Principles contained in Schedule 3 of the Privacy Act.

POLICY

This policy sets out Yowsi's Privacy Protection Principles. These are the principles that Yowsi has adopted in order to protect information about individuals. These principles deal with the collection, use and disclosure of personal information, as well as access to information and intrusion issues. It also sets out the principles that Yowsi will adopt when considering the introduction of new technology or services.

Yowsi's Privacy Protection Principles are:

Principle 1 - Collection

Yowsi will only collect personal information that is necessary for one or more of its functions or activities. Yowsi will only collect personal information by lawful and fair means and not in an unreasonably intrusive way. At or before the time (or, if that is not practicable, as soon as practicable thereafter), Yowsi collects personal information about an individual from the individual, Yowsi will take reasonable steps to ensure that the individual is aware of:
(a) The identity of Yowsi and how to contact it;
(b) The fact that he or she is able to gain access to the information;
(c) The purposes for which the information is collected;
(d) The organisations (or the types of organisations) to which Yowsi usually discloses information of that kind; and
(e) The main consequences (if any) for the individual if all or part of the information is not provided.

If it is reasonable and practicable to do so, Yowsi will collect personal information about an individual only from that individual. If Yowsi collects personal information about an individual from someone else, Yowsi will take reasonable steps to ensure that the individual is or has been made aware of the matters listed from (a) to (e).

Principle 2 - Use & Disclosure

Yowsi will only use or disclose personal information about an individual for a purpose other than the primary purpose of collection (a secondary purpose) if:
(a) Both of the following apply:
(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;
(ii) the individual would reasonably expect Yowsi to use or disclose the information for the secondary purpose; or
(b) The individual has consented to the use or disclosure; or
(c) The information is not sensitive information and the use of the information is for the purpose of direct marketing and:
(i) It is impracticable for Yowsi to seek the individual's consent before that particular use; and
(ii) Yowsi will not charge the individual for giving effect to a request by the individual to Yowsi not to receive direct marketing communications; and
(iii) the individual has not made a request to Yowsi not to receive direct marketing communications; and
(iv) in communication with the individual, Yowsi draws to the individual's attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and (v) each written marketing communication by Yowsi with the individual (up to and including the communication that involves the use) sets out Yowsi's business address and telephone number and, if the communication with the individual is made by fax, email or other electronic means, a number or address at which Yowsi can be directly contacted electronically; or
(d) Yowsi has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
(e) the use or disclosure is required or authorised by or under law; or
(f) Yowsi reasonably believes that the use or disclosure 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 a 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.
(g) If Yowsi uses or discloses personal information under paragraph (f) above, it will make a written note of the use or disclosure.
(h) The first paragraph above operates in relation to personal information that Yowsi has collected from a related body corporate or business as if Yowsi's primary purpose of collection of the information were the primary purpose for which the related body corporate or business collected the information.

Principle 3 - Data Quality

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

Principle 4 - Data Security

Yowsi will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.

Yowsi will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under Yowsi Privacy Protection Principle 2.

Yowsi secures your personal information from unauthorized access, use or disclosure. Yowsi secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Principle 5 - Cookies

The Yowsi Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Yowsi pages, or register with Yowsi site or services, a cookie helps Yowsi to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Yowsi Web site, the information you previously provided can be retrieved, so you can easily use the Yowsi features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Yowsi services or Web sites you visit.

Principle 6 - Access and Correction

If Yowsi holds personal information about an individual, it will provide the individual with access to the information on request by the individual, in a form or manner suitable to the individual's reasonable needs, except to the extent that:
(a) In the case of personal information, 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
(c) The request for access is frivolous or vexatious; or
(d) The information relates to existing or anticipated legal proceedings between Yowsi and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
(e) Providing access would reveal the intentions of Yowsi 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) An enforcement body performing a lawful security function asks Yowsi not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia. However, where providing access would reveal evaluative information generated within Yowsi in connection with a commercially sensitive decision-making process, Yowsi may give the individual an explanation for the commercially sensitive decision rather than direct access to the information. If Yowsi has given an individual an explanation under the above paragraph and the individual believes that direct access to the evaluative information is necessary to provide a reasonable explanation of the reasons for the decision, Yowsi will, at the request of the individual, undertake a review of the decision not to release the information. Personnel other than the original decision-maker will undertake the review. If Yowsi is not required to provide the individual with access to the information because of one or more of paragraphs (a) - (j) above (inclusive), Yowsi will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties. If Yowsi levies charges for providing access to personal information, those charges:
(a) will not be excessive; and
(b) will not apply to lodging a request for access.

If Yowsi holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, Yowsi will take reasonable steps to correct the information so that it is accurate, complete and up-to-date. If the individual and Yowsi disagree about whether the information is accurate, complete and up-to-date, and the individual asks Yowsi to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, Yowsi will take reasonable steps to do so. Yowsi will provide reasons for denial of access or a refusal to correct personal information.

Principle 7 - Identifiers

Except as specifically authorised under the Privacy Act, Yowsi will not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:
(a) An agency; or
(b) An agent of an agency acting in its capacity as agent; or
(c) A contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.

Yowsi will not use or disclose an identifier assigned to an individual by an agency (or by an agent or contracted service provider mentioned above) unless:
(i) The use of disclosure is necessary for Yowsi to fulfil its obligations to the agency;
(ii) One or more of paragraphs (e) to (h) in Privacy Protection Principle 2 above (inclusive) apply to the use or disclosure; or
(iii) The use or disclosure is permitted under the regulations to the Privacy Act.
Note - the terms 'agency' and 'contracted service provider' in Privacy Protection Principle 7 are defined in the Privacy Act, but, in general, relate to Commonwealth Government agencies.

Principle 8 - Anonymity

Wherever it is lawful and practicable, individuals will have the option of not identifying themselves when entering transactions with Yowsi. However, in most cases it will not be practicable for the transactions to proceed to finality or for Yowsi to provide pre and post-paid services without requiring their identification.

Principle 9 - Transborder Data Flows

Yowsi will transfer personal information about an individual to someone (other than Yowsi or the individual) who is in a foreign country only if:
(a) Yowsi 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 Yowsi's Privacy Protection Principles; or
(b) the individual consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between the individual and
Yowsi, or for the implementation of pre-contractual measures taken in response 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 between Yowsi and a third party; or
(e) all of the following apply:
(i) the transfer is for the benefit of the individual; and
(ii) it is not practicable to obtain the consent of the individual to that transfer; and
(iii) if it were practicable to obtain such consent, the individual would be likely to give it; or
(f) Yowsi 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 Yowsi's Privacy Protection Principles.

Principle 10 - Sensitive Information

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

Principle 11 - Privacy of Network Communications

When installing, operating, or maintaining its network, Yowsi will take whatever measures are practicable, or are required by law, to ensure the privacy of communications passing over its network.

Interception (Monitoring and Recording). Interception of a communication during the course of its passage across the network is prohibited unless it is necessary for the effective performance of functions or activities relating to:
> the installation of any line or equipment used in connection with the network, or
> the operation or maintenance of the network, or
> the identifying or tracing of a person suspected of having contravened a provision of Part VIIB of the Crimes Act 1914 (Cth);
> interception requested by law enforcement and security agencies (which will only be undertaken on production of a lawful warrant and where Yowsi is satisfied that the warrant has been issued in accordance with the requirements with the Telecommunications (Interception) Act 1979 (Cth). In addition, recording will only be undertaken where aural/visual monitoring is not suitable for the purpose and voice recording will only be undertaken where authorised by the customer or by law.)

Interception will only be undertaken in accordance with company procedures. Only staff who have received instruction on the appropriate monitoring and recording procedures and who are aware of their responsibilities for the protection of customer privacy and confidentiality will be permitted to undertake monitoring functions.

Participant Monitoring. Participant monitoring may be undertaken for the purposes of improving the quality of service to customers and the training of staff, or where there is a specific operational, security or technical reason to do so. Customer consent will be obtained prior to undertaking participant monitoring unless it is not practicable to do so, such as in the case of calls or monitoring which are typically of very short duration.

Principle 12 - New Services and Developments and Procedures.

Yowsi will consider the privacy impact of new business processes and services before they are introduced.

Yowsi will provide services with privacy standards that are commensurate with community expectations and which enables individual customers to choose a higher degree of privacy protection where practicable.

The privacy impact arising from the introduction of the new services or products will be balanced against their benefit to the general community and will take into consideration the extent, means and cost by which privacy concerns can be mitigated. Where practicable, Yowsi will provide customers with the ability to choose between differing degrees of privacy protection. Education and choice In order that customers may make an informed choice as to their usage of new services or products, where appropriate Yowsi will advise customers of the privacy implications of those services.

Where practicable, and where to do so would not undermine commercially sensitive material, Yowsi will respond to queries concerning any implications for privacy protection of existing and new services and make publicly available information about any implications for privacy protection in relation to those services.

DEFINITIONS

Identifier includes a number assigned by an organisation to an individual to identify uniquely that individual for the purposes of the organisation's operations. However, an individual's name or ABN (as defined in A New Tax System (Australian Business Number) Act 1999) is not an identifier. Individual means a natural person.

Monitoring means the listening to, reading or recording of a communication during the course of its passage over a telecommunication system. Participant monitoring means the listening to, reading or recording of, a communication during the course of its passage over a telecommunication system by a party to that communication and by using equipment forming part of the service.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time.

Sensitive Information means:
(a) information or an opinion about an individual's:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record; that is also personal information; or
(b) health information about an individual.

Seriously Improper Conduct includes corruption, a serious abuse of power, a serious dereliction of duty, or any other seriously reprehensible behaviour.

Surveillance means the systematic observance of a person's behaviour, communication or personal information.

Third Party in relation to personal information means any organisation or individual other than Yowsi holding the information and the individual who is the subject of the information.

Unless otherwise specified, words in this document have the meaning set out in the Privacy Act.

REFERENCES

1. Privacy Statement
2. Privacy Protection Policy

RESPONSIBLE EXECUTIVE

Managing Director: Mr D Jaiswal