ACN Pacific Privacy Policy

ACN Pacific Pty Ltd (“ACN”) is committed to protecting the privacy of our customers and independent representatives.

ACN is bound by Privacy Act 1988 (Australia) and Privacy Act 1993 (New Zealand) and the National Privacy Principles set out therein. As a telecommunications service provider, ACN is also bound by the customer information protection provisions of the Telecommunications Act 1997 (Australia).

This document aims to answer the questions you may have about how ACN handles your personal information. If you have any further questions about ACN’s privacy policy, please contact ACN Compliance as set out below:

ACN Australia contact details

Customer Privacy Enquiries

Phone: 1300 881 778
Fax: 1300 880 609

Representative Privacy Enquiries

Phone: 1300 767 226
Fax: 1300 781 226

Post

ACN Pacific Pty Ltd
PO Box 667
North Sydney
NSW 2059

Email

compliance@acnaustralia.com.au

ACN New Zealand contact details

Customer Privacy Enquiries

Phone: 0508 226 000
Fax: 0508 226 001

Representative Privacy Enquiries

Phone 0508 226 002
Fax 0508 226 003

Post

ACN Pacific
PO BOX 90694
Auckland MSC
Auckland

Email

compliance@acn.co.nz

General

The personal information collected and held by ACN may include your name, current and previous addresses, telephone/mobile numbers, email address, bank account or credit card details, occupation, driver’s license or passport number, as well as information on how you use our products and services, including our website. This information permits us to issue accurate bills and also helps us develop products and services to accommodate your needs.

If you choose not to provide certain personal information (e.g. your date of birth), ACN may not be able to provide you with the services requested.

Collection

ACN collects personal information in a number of ways, including:

• directly from you, when you provide such information over the phone, in application forms or through our website;
• from third parties, such as our related companies, credit reporting agencies or ACN Independent Representatives;
• from publicly available sources;
• from our own records on how you use ACN products and services;
• when legally required to do so.

ACN Websites

During your visit to any of our ACN sites, ACN may collect and store anonymous information such as the time, date, the URL of the sites you visited previously and the URL of the site you are leaving to, your computer’s IP address, software and operating system, as well as specific navigational data, such as the sequence of pages viewed. ACN may also use “cookies”, which are small text files that our web servers place on your computer in order to remember your preferences. Cookies are an industry standard and are designed to improve user experience. In the event that “cookies” collect and store personal information, ACN will grant the same protection to such information as it does in relation to information collected from other sources. You can disable cookies by adjusting your browser settings, please note, however, that you may not be able to take advantage of all of the features offered by our websites.

Use

ACN may use the personal information for a number of purposes, which include:

• verifying your identity;
• providing the products and/or services requested;
• processing your orders or applications;
• carrying out credit checking and scoring;
• billing and account management;
• dealing with requests, enquiries or complaints and other customer care related activities;
• carrying out market and product analysis and marketing our products and services;
• contacting you about our products and services;
• allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our reward programs;
• carrying out any activity in connection with a legal, governmental or regulatory requirement or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;
• managing the relationships with our Independent Representatives and suppliers.
• ACN may use your personal information for purposes related to those described above which would be reasonably expected by you. ACN may use your personal information to keep you informed about features of our telecommunications services or conducting analysis in order to provide better service to you.

Despite s18(1) of the Spam Act 2003 (Australia), you agree and acknowledge that:
a) any message we send you will not contain an unsubscribe facility; and
b) you can at any time opt-out of receiving marketing material by calling ACN Customer Service on the number above.

Please note that ACN will still need to send you information about your account or changes to your service.

Disclosure

ACN may disclose personal information to:

• credit providers or credit reporting agencies for the purposes permitted under the Privacy Act;
• government and regulatory agencies, law enforcement agencies, as required or authorised by law;
• ACN telecommunications suppliers, dealers and agents, for purposes that are related to providing you with telecommunications services;
• ACN service providers and external contractors, such as mailing houses, billing and debt-recovery agencies, information technology suppliers and marketing agencies;
• your authorised ACN Independent Representative;
• ACN related companies, including ACN, Inc.;
• ACN Independent Representatives, for the purpose of calculating their commission entitlements.

Parties to which ACN contracts services or disclose your personal information are either covered by contracts which protect your personal information or are required to comply with all relevant laws including the Privacy Act.

Security

ACN will take reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete, up-to-date and stored in a secure environment, protected from unauthorised access, modification or disclosure. ACN takes reasonable steps to ensure that your personal information is stored securely. Please note that no data transmission over the Internet can be guaranteed to be 100% secure. While ACN strives to protect your personal information from misuse, loss and unauthorised access, we cannot guarantee the security of any information you transmit to us via email or via the on-line application process. Such activities are conducted at your own risk. Once we receive your transmission, we make our best efforts to ensure its security.

Accuracy

ACN takes reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. Please inform us if there are any errors in your personal information and notify us of any changes to your personal information, such as your name, address or other details.

Access & Correction

ACN will take reasonable steps to inform you what sort of personal information it holds, for what purposes and how such information is collected, used and disclosed. ACN will handle requests for access to personal information in accordance with the National Privacy Principles. To request access to your personal information, please contact ACN Compliance (contact details above). As long as your identity can be adequately verified, the person you speak to may be able to provide you with the information you require over the telephone. If you request a copy of any personal information, we will ask that you put your request in writing and either post or fax the request to us. This is to ensure that we can verify your identity. If we need time to consider your request, we will acknowledge your request within 14 days and respond within a maximum of 30 days. Depending on the information you wish to access, its location and the time it will take us to respond, we may charge you a nominal fee for the administrative cost of providing the information to you.

If for any reason we refuse to give you access to your information we will confirm the reason for this in writing. The circumstances in which we may refuse to give you access to personal information we hold about you include, but are not limited to, where giving you access:

• would have an unreasonable impact on other people's privacy;
• would prejudice any negotiations we are having with you;
• would prejudice an investigation of unlawful activity;
• would prejudice activities carried out by, or for, a law enforcement body.

If you believe that your personal information held by ACN is inaccurate, incomplete or out-of-date, please inform us by contacting ACN Compliance (contact details above). In most cases, we will amend any inaccurate, incomplete or out-of-date information. In some cases it is necessary for us to keep a record of what we know or understand to be correct at a particular time. In those circumstances, at your request, we will take reasonable steps to associate with the relevant record of your personal information, a statement to the effect that you claim the information is inaccurate, incomplete or out-of-date.

Changes

This Privacy Policy may change from time to time. Any changes to this Policy will be highlighted on the ACN website.

This policy was last updated on 15 June 2006