Smartie is required to comply with the Privacy Act 1988 (Cth) and is bound by the Australian Privacy Principles (APPs) set out in that Act. The APPs establish minimum standards for the collection, use, disclosure and handling of personal information. They apply to personal information in any form, including electronic and digital form. The APPs can be accessed at the website of the office of the Australian Information Commissioner: www.privacy.gov.au
Privacy Law; refers to any legislative or other legal requirement that applies to Smartie’s collection, use, disclosure or handling of personal information.
Personal information’ means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not. Personal information includes sensitive information
Sensitive information’ means personal information about an individual’s racial or ethnic origin, political opinions or memberships, religious beliefs or affiliations, philosophical beliefs, professional or trade association/union memberships, sexual preferences and practices or criminal record
Why does Smartie collect personal information?
Smartie collects personal information in order to:
- to allow you to compare products and/or obtain quotes for products or make enquiries;
- to send you a summary of your quote and comparison results;
- to provide to our business partners or participating suppliers so that they can (where you have agreed) provide you with updates or information about their products and services and provide you with reminders;
- to reconcile transactions with our business partners or participating suppliers that supply your products because of our services;
- unless you object, to communicate with you and make special offers to you;
- unless you object, to direct market our services to you;
- to administer competitions and promotions;
- comply with our legal obligations.
Smartie needs to be able to collect personal information for most of its business activities, although the information we require depends on the particular circumstances. If we are unable to collect the personal information we need, we may be unable to meet the expectations of our customers or provide the products and services they wish to receive.
If you do not wish to not to receive direct marketing communications from Smartie.com.au, please do not use this website.
Whose personal information does Smartie collect?
Smartie collects or holds personal information about individuals who are:
Prospective customers. This includes people we think may be interested in our products and services as well as people who have expressed interest in obtaining or learning more about those products and services
Current customers. This includes people who purchase a product or service from any of the Smartie related entities
Past customers. These are people who have purchased products or services from any of the Smartie related entities but do not currently hold any active accounts with any of the Smartie related entities
Smartie may treat current and past customers as prospective customers for other Smartie products and services.
Smartie also collects personal information about all the individuals who are involved in providing Smartie products and services. This includes:
- staff of Smartie Group entities and other companies in the Smartie group; and
- service providers and suppliers, agents and affiliates, and their staff.
Can you deal with Smartie without identifying yourself?
In some limited situations customers and other individuals may be able to deal with Smartie anonymously or using a pseudonym. However, if you do not wish to be identified we may not be able to provide the information or assistance you require.
What personal information does Smartie usually collect?
Smartie collects a wide range of personal information about its customers, but the type and amount of information collected depends on the particular business context. However, Smartie seeks at all times to ensure that it only collects the personal information that is necessary for the purposes of its business activities.
Smartie needs to collect basic identifying and contact information for all customers, including prospective customers. This will usually include name, date of birth, email address, telephone number(s) and residential address.
There is always a risk in sending and receiving information over the internet, but once we have received your personal information, we’ll take reasonable steps to make sure it is protected and secure.
We also collect information about the way our customers use products and services of the Smartie related entities. This includes information about; service usage, payment patterns and history, and inquiries and complaints.
How does Smartie collect personal information?
We collect information about prospective customers both directly and via our agents, service providers and affiliates. We may collect this information:
- through our contact centers or staff via phone, post, email or SMS
- through Smartie websites
- through 3rd party websites (incl. Google) and social media platforms; and
- through data aggregation services
Smartie receives unsolicited personal information from time to time. In accordance with its obligations under Privacy Law, Smartie will decide whether it would have been permitted to solicit and collect that information and if it would not have been, will destroy or de-identify the information (provided it is lawful to do so).
Smartie’s use and disclosure of personal information
Where Smartie collects personal information for a particular purpose, it may use and disclose the information for that purpose or another purpose that is related to that purpose (or that is directly related to that purpose in the case of sensitive information). For example:
Personal information collected from you for the purpose of establishing or managing an account may be used and disclosed for related purposes such as supplying this information to members of the Smartie related entities for identity verification, credit checking, assessing entitlement to concessions, supplying and servicing a product, connecting and administering a service, billing and collection in relation to the service and investigating and rectifying complaints or faults.
Personal information collected for the purpose of establishing or managing an account may also be used for the purpose marketing of other Smartie products and services. Smartie may contact prospective, current or past customers about products and services (including products not related to a product or service previously supplied).
Smartie may use personal information about prospective, current and past customers for the purpose of direct marketing of Smartie products and services or those of other organizations. Direct marketing communications may be sent via post, e-mail, telephone, social media sites or other means. However:
- co will not use sensitive information for direct marketing purposes without your consent.
Unless you have provided consent, or we think it is impracticable to obtain your consent, Smartie will not use your personal information for direct marketing purposes where we have obtained the personal information from a third party, or we have collected it directly from you but believe that you would not reasonably expect the information to be used for direct marketing.
Whenever we communicate with you for direct marketing purposes, we will give you the opportunity to opt out of receiving further direct marketing communications from Smartie.com.au.
You may opt out of receiving direct marketing communications from Smartie at any time by contacting us at email@example.com
Smartie and related entities may disclose personal information about customers to a range of third parties. For example, depending on the type of product or service, Smartie may disclose customer information to a wholesaler or other third party who provides or assists to provide the service. Personal Information may also be disclosed to the Relevant Industry Ombudsman (for complaint management purposes) or relevant government regulator in its servicing of regulatory obligations.
Personal information may also be disclosed to third party agents and service providers who Smartie engages to assist in the provision of products and services. These include:
- sales agents and representatives;
- printers, mail distributors, couriers and dispatch centres;
- call centres operated by entities outside Smartie IT service providers and data managers; and
- legal, accounting, insurance and business advisory consultants services.
Smartie may also disclose personal information without consent as authorized by privacy law for a range of other purposes, including:
- where necessary to prevent or lessen a serious threat to health or safety;
- for law enforcement or crime prevention purposes;
- for the investigation of unlawful activity;
- for location of missing persons; and
- for use in legal proceedings or dispute resolution.
In situations other than those described above, Smartie will not disclose personal information without the customer’s consent (although consent may be implied).
If we disclose your personal information to our business partners or participating suppliers, they will use, deal with and manage your personal information in accordance with their privacy policies. We will never sell or rent your personal information to external companies other than our business partners and participating suppliers.
Is personal information disclosed outside Australia?
Some of our service providers and/or business partners may be located in overseas locations. If we are permitted by law to do so, we may disclose your personal information to these providers or partners to provide our services to you.
How does Smartie protect your personal information?
Smartie recognizes the importance of protecting your personal information and of ensuring that it is complete, accurate, up-to-date and relevant. We will take reasonable steps to ensure this occurs. If you believe that your personal information is not accurate, complete or up to date, please contact us. You will not be charged for accessing your information, although we might have to charge the reasonable cost of processing your request, including photocopying, administration and postage.
Can you access or correct personal information Smartie holds about you?
You have a right to access personal information we hold about you. If your request is particularly complex or requires detailed searching of our records, there may be a cost to you in order for us to provide you with this information.
If you believe there are errors in the information, we hold about you, you have a right to ask us to correct the information.
However, we are not required to provide access where we believe doing so would:
- prejudice law enforcement or crime prevention activities;
- pose a serious threat to health or safety;
- have an unreasonable impact on the privacy of other individuals;
- prejudice Smartie in legal proceedings or negotiations with you;
- reveal information connected with a commercially sensitive decision-making process; or
- be contrary to law.
If you wish to have access to information Smartie holds about you, you should contact us by emailing us on firstname.lastname@example.org
Dealing with Smartie on-line
We collect personal information about the other websites that are visited by computers that are used to visit our site. This information may be aggregated to provide us with information about the types of webpages and websites, or particular webpages and websites, visited by computers that use our site. We may store the Internet Protocol (IP) address of your computer when you visit our site.
When you use the website, we send a cookie that gives each computer a unique identification number. Cookies do not identify individuals, although they do enable us to identify your browser type and internet service provider. Your browser may be configured to accept all cookies, reject all cookies or notify the user when a cookie is sent. If you reject all cookies, you may not be able to use our websites.
How to opt out
If you no longer want to receive communications from us that are non-account related or legally required, you may request to opt-out from receiving such marketing communication by emailing us on email@example.com. We will not charge you for any request to opt-out and will process your request as soon as reasonably practicable.
Complaints and further information
If you believe your privacy has been interfered with and wish to make a complaint, please contact our Compliance Manager. The Compliance Manager will investigate your complaint and notify you of the outcome.
If it appears from your complaint that there has been an interference with privacy by a person other than Smartie.com.au, the Compliance Manager may discuss the complaint with that person in an attempt to resolve it.
If you are dissatisfied with the outcome of your complaint, or you do not receive a response to your complaint within 30 days, you may make a complaint to the Office of the Australian Information Commissioner (OAIC). Complaints to the OAIC must be made in writing. Where possible, complaints to the OAIC should be made through the online Privacy Complaint form, available at www.oaic.gov.au/privacy/making-a-privacy-complaint.
Attention: Smartie Compliance Manager
Address: 17 Central Avenue Manly NSW 2095
Smartie (a Yellow Cake Media Pty Ltd company)
17 Central Avenue Manly NSW 2095
ph 1800 512 783