Date of last revision: 4 June 2012
SMSFun Pty Ltd ACN 137 983 003 ("SMSFun", "we", "us" or "our") is committed to complying fully with its obligations under the National Privacy Principles ("NPPs"), which are contained in the Privacy Act 1988 (Cth) ("Privacy Act"). SMSFun team members are customers themselves of other internet sites and fully appreciate and respect the importance of privacy on the internet.
This Policy outlines the types of personal information SMSFun collects and explains how it collects, uses, discloses and holds that information. The Policy also explains how you can gain access to personal information that SMSFun holds about you and provides contact details for SMSFun.
1. What personal information does SMSFun collect?
If you access the SMSFun website, join as a member, or ask SMSFun to provide you with goods or services (including choosing to receive promotional information), we may ask you to provide information that is personal in nature and includes things such as your name, postal address, email address, mobile/smartphone number and account usage data. When you enter into any transaction, we may also ask you for additional information including, but not limited to, your age, your debit/credit card details and your preferences in respect of offers and promotions run by SMSFun and other organisations such as SMSFun's business partners.
When we conduct market research and profiling, we may also ask you for your opinions about goods and services related to those that we provide, your website use and SMSFun community participation, your mobile phone use, use of other related websites and customer service generally.
We also collect information about visitors to our website using cookies and code embedded in this website, as described in the "Site Statistics" and "Online collection of personal and non-personal information" sections of this Policy.
Generally, if we do ask you for personal information, we will endeavour to say which information we require and which information is optional. You can refuse to provide SMSFun with the personal information that it requests from you. However, if you do not provide such information, we may not be able to provide you with our goods or services.
SMSFun does not collect information that is unrelated to its goods and services or that it does not need. For example, SMSFun does not collect sensitive information (such as information about your health or political beliefs) because it does not need it in order to provide you with our goods or services.
If you do not wish to be notified about goods, services or promotions offered by SMSFun, or if you do not wish to receive any further communications from SMSFun, you can opt-out of any, or all, SMSFun communications by directly contacting SMSFun at any time.
2. How is Personal Information Used?
The primary purpose for which SMSFun collects personal information is so that we can provide you with goods and services, administer your use of those goods and services, and provide you with information in relation to them. We will also use it for purposes related to the supply of Services including, but not limited to, management, business planning, product development, research and development, and marketing. We may also decide whether to start, stop or limit supply of the Services or any other goods or services to you on the basis of personal information that you provide. If you do not supply this information we may refuse or limit the supply of such to you.
SMSFun also uses your personal information for purposes incidental to these purposes including, without limitation, for the purpose of managing its relationship with you, communicating with you effectively and updating you on our latest products, news and special offers whether from us or third parties (unless you tell us not to - which you can do at any time at our unsubscribe page). [note: we suggest hyperlinking to the relevant "unsubscribe page"]
Communication & Marketing
If you are a SMSFun member we may occasionally update you on our latest products, news and special offers and those of selected third parties via e-mail, post and telephone.
We may collect and disclose aggregate, anonymised statistics about the number of visitors to our websites or number of purchases made. We gather data regarding the visitors to our websites using cookies and code which is embedded in the site (and we may also use third party measurement and research services to assist us with such date gathering). Both the cookies and the embedded code provide statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors' screen settings and other general information. SMSFun uses and stores this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its members and users. Further information regarding the way in which this information is obtained and used can be obtained by contacting us at smsfun.com.au/support.
Will Personal Information be Given to Anyone Else?
If we disclose your personal information to any of our group companies, they may use it for the same purposes that we may (including so that they can update you on their latest products, news and special offers via e-mail, post & telephone).
We try to limit the information we provide to third parties to the information they need to help us provide goods and services to you. Generally, SMSFun will not disclose personal information to individuals or organisations outside SMSFun without your consent - we will disclose where we have your consent or where it can be reasonably inferred from the circumstances that you consent to such disclosure. However, in the circumstances described below, personal information may be disclosed outside SMSFun.
SMSFun may disclose personal information to third parties to whom it contracts out specialised functions. These third parties usually help us in providing goods and services to you, and include:
- Vendors promoting goods and services related to SMSFun or related to websites and telephony services;
- Distribution agencies (with whom we arrange to deliver certain communications to you on our behalf);
- Organisations who carry out credit, fraud and other security checks; and
- Outsourced service providers (eg: market research agencies).
If SMSFun does disclose personal information to third party contractors under outsourcing or contracting arrangements, SMSFun will take steps to ensure that those contractors:
- Handle your personal information consistently with the NPPs;
- Only use your personal information in order to provide the specific services or to perform the specific functions required by SMSFun; and
- Store your personal information securely, and only for as long as is necessary to provide the required services or perform the required functions.
Disclosures required or permitted by law
SMSFun may also disclose personal information to individuals, corporations, organisations or governmental authorities without your consent if it is required to do so by law, or if the disclosure is permitted under the Privacy Act. SMSFun reserves the right to give information to law enforcement agencies should any SMS passing through our systems raise suspicion of an illegal act.
Disclosures to credit providers and credit-reporting agencies
If you acquire or seek to acquire our goods or services, SMSFun may disclose personal information to credit providers for credit related purposes such as credit-worthiness, credit rating, credit-reporting and fraud-checking. If we disclose your personal information to credit providers you acknowledge that this information may be recorded on the credit information file that the external credit provider may maintain about you.
Transfer of personal information overseas
Generally, your personal information will be processed in Australia. However, from time to time SMSFun will transfer personal information to overseas companies. For example, this may occur in the course of providing members with support services, product offerings, or when we outsource certain functions (eg: when we store personal information about members on servers that are hosted by an external offshore company).
If SMSFun does transfer your personal information overseas, we will take steps to ensure your personal information is given the same privacy protection in the destination country as it receives in Australia.
Personal information that you communicate or publish via SMSFun websites
SMSFun recommends that you do not publish or communicate personal information accessible to the public via our websites (eg: in our online community and in our forums) unless you want that information to be seen by others.
Should you choose to publish or communicate personal information, or select features on our websites that allow you to display, publish or communicate personal information about yourself to the public via our websites, you acknowledge that SMSFun cannot control the use of such personal information by others.
We may also disclose your personal information to third parties outside our group of companies:
- In connection with a sale or purchase by SMSFun of any business or assets (or prospective sale or purchase); or
- If SMSFun or some or all of its assets are acquired (or proposed to be acquired) by a third party, in which case personal data which we hold about our customers may be one of the transferred assets.
5. Access and Correction of Personal Information.
Under the Privacy Act, you generally have a right to seek access to the personal information that SMSFun holds about you and the purpose/s for which it is being held. However the NPPs provide that there are some circumstances in which it is permitted or required to withhold access to some or all of that personal information. If SMSFun denies you access based on any of the exceptions set out in the NPPs it will endeavour, where appropriate, to inform you of the exception under which the denial falls.
You also have the right to ask SMSFun to correct personal information about you that you think is inaccurate, incomplete or out of date. We encourage you to help us keep the personal information we hold about you accurate and up-to-date by updating your details immediately if you change them.
If you wish to access personal information that SMSFun holds about you, SMSFun asks that you make a request in writing to its Privacy Officer (contact details are set out below). Your request should state whether you are seeking access to all the personal information SMSFun holds about you or to particular personal information (in which case you should specify that in your request). You should also provide some form of identification (eg: a photocopy of your driver's licence or passport) so SMSFun can verify that you are the person to whom the personal information relates. You should also include details of how SMSFun can contact you in case it needs to discuss your request. If you need more information before making a formal request for access, please contact SMSFun's Privacy Officer, who can explain how SMSFun will handle your access request and assist you in making that request.
Depending upon your access request, we may impose a charge to recover our reasonable costs in providing you with details of this service. We will notify you of any such charge upon receiving your request and will confirm whether you wish to proceed and pay such charge. We will generally respond to a request of this type within 30 days of receiving it.
If you think that any of the personal information SMSFun holds about you is not accurate, complete or up to date, please provide SMSFun's Privacy Officer with your request for correction. It is SMSFun's policy to consider and respond to any requests for correction within 30 days of receiving it.
If SMSFun agrees that your personal information is not accurate, complete and up to date, it will correct such information for you. If it does not agree with your view, SMSFun will provide you with reasons for its view, and will provide you with an opportunity to make a statement of your view and have it included with the information.
6. Storage and Security of Personal Information
SMSFun takes reasonable steps to protect the personal information it holds and controls from such risks as loss, misuse, unauthorised access, destruction or disclosure. The means of protection SMSFun uses includes, but is not limited to firewalls, password access, secure servers and encryption of credit card transactions. At SMSFun, other than as provided for under this Policy, we only allow authorised personnel to access personal information, and it is a condition of employment with SMSFun that its employees maintain the confidentiality of personal information.
7. Destruction and de-identification of personal information
Unless a legal requirement provides otherwise:
- SMSFun will keep your personal information for as long as it requires such information (in accordance with the scope of the consent to use and purposes set out in sections 1 and 2);
- if you request in writing for SMSFun to destroy or de-identify your personal information that it has collected from you, SMSFun will take steps to destroy or permanently de-identify your personal information.
8. Online Privacy Issues.
Online collection of personal and non-personal information
SMSFun collects personal information through SMSFun websites when you join as a member, when you contact SMSFun through its online enquiry forms and when you otherwise visit or participate at our websites.
SMSFun websites may also collect other information that may or may not be personal information. Each time you visit a SMSFun website, its server automatically recognises and stores your cookie ID and internet protocol address, the type of internet browser you are using, the address of the site that "referred" you to SMSFun websites and clickstream data.
9. Links to other websites
10. How to Contact SMSFun
If you have any questions or comments about this Policy, if you wish to access any personal information SMSFun holds about you (for which you agree that we may elect to charge you reasonable fees for the time we have identifying and providing access to such information), or if you wish to make a complaint about how SMSFun has handled personal information about you, please contact SMSFun's Privacy Officer by one of the following methods:
- Online at: smsfun.com.au/support;
- By telephone: +61 7 3303 0274; or
- By letter: PO Box 161, Grange, QLD, 4051.
This Policy may change from time to time.