Privacy Policy

This Privacy Policy relates to the collection, disclosure, use and storage of personal information handled by Contactability Marketing Pty Ltd (ACN 618 842 489) (CA). Contactability Marketing Pty Ltd (ACN 618 842 489) or one of its related entities, bodies corporate or brands (referred to here, individually and collectively as “CA”,” we”, “us” or “our”).  CA respects your privacy and is committed to safeguarding your personal information in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Act).

The kinds of personal information collected and stored by us (Personal Information) may include your name, address, business/company name, role/position, business information, telephone/mobile number, fax number, email address, bank account details, credit history, Australian Business Number, drivers licence number, photograph, signature, testimonials, opinions, membership information, education details, work history and includes Sensitive Information such as health information, religious beliefs and affiliations. CA does not collect Sensitive Information about you without your consent unless required, authorised or permitted by law.

CA collects and stores Personal Information for the purposes of providing and promoting our services and those of our business partners, responding to enquiries, credit reporting and direct marketing.

We also collect your Personal Information for and on behalf of, or as a marketing service provider to, our clients (including direct clients and agency clients who are collecting personal information for and on behalf of their customers) The person receiving the benefit of the Personal Information collected is referred to as the “End User” for the purposes of this Policy.

CA’s services include facilitating direct marketing by End Users (including sourcing and licensing Personal Information to End Users, managing and/or enhancing Personal Information and campaign management services), providing data planning consultancy & strategy services and/or conducting research to enhance the End User’s products and services.

If you choose not to provide Personal Information, we may not be able to provide the services adequately or at all or response to your queries or customer.

CA only collects Personal Information by lawful and fair means.

We only collect Personal Information which is reasonably necessary to enable us to perform our functions and activities and will only collect Personal Information directly from you unless it is unreasonable or impracticable to do so.

CA may collect Personal Information about you from third parties such as credit reporting agencies and as otherwise required, authorised or permitted by law. We may collect Personal Information for the purpose of direct marketing from third parties such as data suppliers, data owners and data managers or from publicly available sources of information, including but not limited to, LinkedIn, Twitter and Facebook.

Where CA collects Personal Information either directly you or from a third party, CA will at or before the time, or if that is not practicable, as soon as is practicable after, collection of the Personal Information, take such steps as are reasonable in the circumstances to notify you, or ensure that you are aware, of such matters as required by law.

If we receive unsolicited Personal Information, it will be destroyed or de-identified unless the Act allows us to have collected that information. 

CA may use or disclose Personal Information to provide, promote or sell our service services.

We may also use or disclose Personal Information to research and enhance our services, maintain and develop our business systems, sell any part or all of our business and assets, obtain professional advice and/or undertake legal action or negotiation, or for any other purpose that is related and within an individual’s reasonable expectations, or that you have provided express or implied consent to, or that is otherwise required, authorised or permitted by law.

CA may disclose Personal Information to third parties, for example, cloud software providers and contractors (such as IT contractors and book keepers) to fulfil the purposes set out above, but in such cases, those parties may only use the Personal Information to store and manage the Personal Information or perform a function of their service contract. CA maintains control over the Personal Information (and does not release the subsequent handling of the Personal Information from its effective control).

We may also disclose Personal Information to our professional advisors (including lawyers and accountants), organisations involved in the sale of any part or all of our business and assets, marketing suppliers (including suppliers of market research, mailing systems and marketing services), suppliers of billing and debt recovery functions and such other third parties as required, authorised or permitted by law.

We collect your Personal Information for the purpose of direct marketing from you directly unless it is unreasonable or impracticable to do so.

CA may use or disclose Personal Information (other than Sensitive Information) collected you for the purpose of direct marketing (including but not limited to marketing campaigns by post, email, SMS, telemarketing and social media) by us or the End Users where you would reasonably expect Personal Information to be used or disclosed for this purpose.

We may use or disclose Personal Information (other than Sensitive Information) collected in other circumstances, for the purpose of direct marketing subject to, and in accordance with, the law. This may involve obtaining your consent where practicable.

CA will only use or disclose Sensitive Information for the purpose of direct marketing if you have consented to the use or disclosure of Sensitive Information for that purpose.

CA may use cloud software providers to fulfil the purpose of direct marketing, but in such cases, the cloud software providers may only use the Personal Information to store and manage the Personal Information. We maintain control over the Personal Information (and does not release the subsequent handling of the Personal Information from its effective control).

In order to fulfil the purpose of direct marketing, CA may disclose Personal Information to third parties including marketing suppliers (including suppliers of market research systems and marketing services) and such other third parties as required, authorised or permitted by law.

Where we have collected your Personal Information specifically for an End User’s marketing campaign we will share that information with that End User.

We also facilitate direct marketing for End Users by sourcing and licensing Personal Information to them.

You may request not to receive direct marketing communications from us or the End Users by sending an email to CA’s Privacy Officer at privacy@contactability.com.au. We will affect this request at no charge, within a reasonable period after the request is made (typically no later than 30 days).

You may request that we provide the source of your Personal Information by sending an email to CA’s Privacy Officer at privacy@contactabilty.com.au. We will provide that information at no charge, within a reasonable period after the request was made (typically no later than 30 days) unless it is impracticable or unreasonable to do so.

Where practicable, you have the option to interact with us anonymously or to use a pseudonym.

You are also free to use our website anonymously by not identifying yourself. You can also remain anonymous when giving CA feedback by choosing not to provide any of Personal Information.

CA currently operates in the Australian and New Zealand market is unlikely to disclose your Personal Information to overseas recipients except for the use of cloud storage.

If we wish to disclose any Personal Information to overseas recipients, CA will take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the APPs unless the law requires, authorises or permits us to do otherwise.

We may collect government related identifiers such as your driver’s licence number.  We only use or disclose these identifiers if it is reasonably necessary for us to verify your identity for the purposes of our activities or functions, or as otherwise required, authorised or permitted by law.

We will take such steps as are reasonable in the circumstances to ensure that the Personal Information CA collects, uses and/or discloses is accurate, up to date, complete, and relevant.

This may involve verifying Personal Information to identify, update and verify out of date contact details, matching contact details to the National Change of Address file, and excluding Personal Information that is listed on the Do Not Call Register, ADMA Do Not Mail file or on an End User database.

You may request that we update or correct your Personal Information by sending an email to CA’s Privacy Officer at privacy@contactabilty.com.au.

Where we collect Personal Information we store it for the purposes of enabling us to use and disclose it as required, authorised or permitted in accordance with this Privacy Policy and the law, for operational, legal and taxation compliance, contractual reasons and for record keeping purposes.

We may hold Personal Information on our server, hardware, software, and cloud programs used for storage, file sharing and transfer, customer relationship management, document management, webhosting, email and similar or related purposes. CA handles and manages this Personal Information and does not release this information from its effective control (except as otherwise provided in this Privacy Policy).

We take such steps as are reasonable in the circumstances to protect Personal Information against misuse, interference, loss, unauthorised access, modification or disclosure.  This may include using usernames, passwords and encryption to restrict access to files, software and hardware which contain Personal Information, backing up Personal Information on a regular basis.  In addition we require End Users (and their agents) and suppliers to maintain minimum security standards and privacy compliance with regard to the Personal Information and, encrypting and password protecting the Personal Information, requiring End Users (and their agents) and suppliers to destroy or de-identify the Personal Information after it has been used, and removing all Personal Information from online file sharing and managed file transfer services within a reasonable time after it has been uploaded to such services.

CA will take such steps as are reasonable in the circumstances to destroy or de-identify Personal Information when it is no longer required.

You may access the Personal Information held about you by making your request in writing. We will provide access to you subject to the exceptions under the Act. Please request access to your Personal Information by sending an email to CA’s Privacy Officer at privacy@contactability.com.au.

CA will respond to this request, within a reasonable period after the request is made (typically no later than 30 days).

You may correct the Personal Information we hold about you by making your request in writing. CA will take such steps as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.

Please request correction of your Personal Information sending an email to CA’s Privacy Officer at privacy@contactabililty.com.au.

CA will respond to this request, within a reasonable period after the request is made (typically no later than 30 days).

If CA corrects your Personal Information, and CA previously disclosed that Personal Information to another entity, you may request that CA notify that entity of the correction, and CA will take such steps as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.

If you have a privacy complaint you should first send your complaint in writing to CA’s Privacy Officer at privacy@contactability.com.au. We will respond to your complaint, within a reasonable period after the complaint is made (typically no later than 30 days).

If your complaint is not resolved satisfactorily there are additional escalating steps that you can take:

·       contact us to arrange a meeting to resolve the issue

·       take your complaint to the Association for Data-driven Marketing & Advertising

·       take your complaint to the Office of the Australian Information Commissioner

The APPs provide you with a number of rights designed to protect your privacy and to correct or access your personal information.  Effective from 22 February 2018 the Privacy Act also requires us to inform you in the event of a notifiable data breach.  We have a Notifiable Data Breach Response Plan in place to address our obligations in the event of a breach.

If you have any questions in relation to privacy, please contact CA’s Privacy Officer in the first instance at privacy@contactability.com.au. Alternatively, you may contact us at PO Box 479, Pyrmont NSW 2009, or 02 7912 3093.

CA may change this Privacy Policy from time to time without notice to take account of new laws and technology, changes to our operations and practices and the changing business environment.