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Privacy Policy

1. 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). 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 ADMA Code of Practice and the Australian e-Marketing Code of Practice. 


2. PERSONAL INFORMATION - COLLECTION

The kinds of personal information collected and stored by CA for CA's benefit (Personal Information) may include an individual's 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, health information, education details and work history. 
The kinds of Personal Information collected and stored by CA and regarded as "sensitive information" (Sensitive Information) may include an individual's membership information and health information. CA does not collect Sensitive Information without the individual's consent.
CA collects and stores Personal Information (including Sensitive Information) for the purposes of providing CA's services, promoting and selling CA's services, responding to enquiries regarding CA's services, credit reporting, facilitating CA's relationship with individuals, managing CA's staffing requirements and direct marketing. If an individual chooses not to provide Personal Information, CA may not be able to provide the services or relationship required or provide the services to the standard required, or respond to queries or customer needs adequately.
CA does not collect Personal Information (including Sensitive Information) unless the information is reasonably necessary to enable CA to perform one or more of its functions and activities.CA does not collect Sensitive Information unless the individual has consented to the collection of that information or such collection is required, authorised or permitted by law.
CA only collects Personal Information by lawful and fair means.
CA will collect Personal Information that has been solicited by CA from an individual directly unless it is unreasonable or impracticable to do so. 
CA may collect Personal Information about an individual from third parties such as credit reporting agencies and as otherwise required, authorised or permitted by law. CA may collect Personal Information for the purpose of direct marketing from third parties such as data suppliers, data owners and data managers (Data Suppliers) or from publicly available sources of information, including but not limited to, LinkedIn, Twitter and Facebook.
If CA receives unsolicited Personal Information, CA will within a reasonable period after receiving such unsolicited Personal Information, determine whether or not CA could have collected the Personal Information under APP 3 if CA had solicited the Personal Information. If CA determines that it could not have collected the Personal Information, CA will as soon as practicable, but only if it is lawful and reasonable to do so, destroy or de-identify the information.
Where CA collects Personal Information either directly from an individual or from a third party, CA will at or before the time, of if that is not practicable, as soon as practicable after, collection of such Personal Information, take such steps as are reasonable in the circumstances to notify the individual, or ensure the individual is aware, of such matters as required by law.


3. PERSONAL INFORMATION - USE & DISCLOSURE FOR NON-DIRECT MARKETING

CA may use or disclose Personal Information to provide CA's services, promote and sell CA's services (including to quote, bill, collect, and guarantee debts), respond to enquiries regarding CA's services, provide customer service, conduct credit checks for credit-worthiness (including to verify an individual's identity), and facilitate CA's relationship with individuals.
CA may also use or disclose Personal Information to research and enhance CA's services, maintain and develop CA's business systems, sell any part or all of CA or its 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 the individual has provided express or implied consent to, or that is otherwise required, authorised or permitted by law.
CA may use cloud software providers and contractors (such as IT contractors and book keepers) to fulfil the purposes set out above, but in such cases, the cloud software providers and contractors 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).
In order to fulfil the purposes set out above, CA may disclose Personal Information to third parties including an individual's representatives (such as an accountants and trade referees), credit reporting agencies, and CA's related bodies corporate. 
CA may also disclose Personal Information to CA's professional advisors (including lawyers and accountants), organisations involved in the sale of any part or all of CA or its 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.


4. PERSONAL INFORMATION – USE & DISCLOSURE FOR DIRECT MARKETING

CA will collect Personal Information for the purpose of direct marketing from an individual directly unless it is unreasonable or impracticable to do so.
CA may use or disclose Personal Information (other than Sensitive Information) collected from an individual for the purpose of direct marketing (including but not limited to direct mail campaigns by post, email, telemarketing and social media) where that individual would reasonably expect CA to use or disclose Personal Information for this purpose.
CA 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 an individual's consent where practicable.
CA will only use or disclose Sensitive Information for the purpose of direct marketing if an individual has 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. CA maintains 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 CA's related bodies corporate, marketing suppliers (including suppliers of market research, mailing systems and marketing services) and such other third parties as required, authorised or permitted by law.
You may request not to receive direct marketing communications from CA by sending an email to CA’s Privacy Officer at privacy@contactability.com.au. CA will effect this request at no charge, within a reasonable period after the request is made (typically no later than 30 days).
You may request that CA provide the source of your Personal Information by sending an email to CA’s Privacy Officer at privacy@contactabilty.com.au. CA will provide the source 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.


5. CONSUMER & BUSINESS DATA - COLLECTION

In the provision and delivery of CA's services, CA may collect your personal information for and on behalf of, or as a marketing service provider to, its clients (including direct clients and agency clients who are collecting personal information for and on behalf of their customers) (Consumer & Business Data). Such Consumer & Business Data will be collected and/or used for the benefit of the client, or where the client is an agency, the benefit of the agency's customer. The person receiving the benefit will be referred to as the "End User" for the purposes of this Policy.
The kinds of Consumer & Business Data collected and stored for the benefit of an End User may include an individual's name, address, business/company name, role/position, telephone/mobile number, fax number, email address, Australian Business Number, age, geographical location, income, interests, religious beliefs or affiliations, health information, opinions and needs.
The kinds of Consumer & Business Data collected and stored by CA for the benefit of an End User and regarded as "sensitive information" (Consumer & Business Sensitive Information) may include an individual's religious beliefs or affiliations, and health information. CA does not collect Consumer & Business Sensitive Information without the individuals consent.
CA collects and stores Consumer & Business Data (including Consumer & Business Sensitive Information) for the purposes of delivering CA’s services to the End Users. CA’s services include facilitating direct marketing by End Users (including sourcing and licensing Consumer & Business Data to End Users, managing and/or enhancing Consumer & Business Data and campaign management services), providing data planning consultancy & strategy services and/or conducting research to enhance the End User's products and services. If an individual does not provide Consumer & Business Data, CA may not be able to provide CA’s services or may not be able to provide CA’s services adequately or to the standard required.
CA does not collect Consumer & Business Data (including Consumer & Business Sensitive Information) unless the Consumer & Business Data is reasonably necessary to enable CA to perform one or more of its functions and activities. CA does not collect Consumer & Business Sensitive Information unless the individual has consented to the collection of that information or such collection is required, authorised or permitted by law.
CA only collects Consumer & Business Data by lawful and fair means.
CA will collect Consumer & Business Data that has been solicited by CA, from an individual directly unless it is unreasonable or impracticable to do so. 
CA may collect Consumer & Business Data from third parties including but not limited to Data Suppliers and End Users and from publicly available sources of information, including but not limited to, LinkedIn, Twitter and Facebook.
Where CA collects Consumer & Business Data directly from an individual or from a third party, CA will at or before the time, or if that is not practicable, after collection of such Consumer & Business Data, take such steps as are reasonable in the circumstances to notify the individual, or ensure the individual is aware, of such matters as required by law.


6. CONSUMER & BUSINESS DATA - USE & DISCLOSURE FOR NON-DIRECT MARKETING

CA may use or disclose the Consumer & Business Data in order to deliver CA's services.
CA may also use or disclose the Consumer & Business Data for any other purpose that is related and within the individual's reasonable expectations or that the individual has provided express or implied consent to, or that is otherwise required, authorised or permitted by law. 
CA may use cloud service providers or contractors to fulfil the purposes set out above, but in such cases, the cloud service providers or contractors may only use the Consumer & Business Data to store and manage the Personal Information or perform a function of their service contract. CA maintains control over the Consumer & Business Data (and does not release the subsequent handling of the Consumer & Business Data from its effective control).
In order to fulfil the purposes set out above, CA may disclose the Consumer & Business Data to the End User, the End Users' agents (including but not limited to advertising agencies, marketing agencies and mail houses), marketing suppliers (including suppliers of market research, mailing systems, marketing services, data processing, broadcasting services and market research services), and CA's related bodies corporate.  CA may also disclose Consumer & Business Data to other third parties as required, authorised or permitted by law.


7. CONSUMER & BUSINESS DATA – USE & DISCLOSURE FOR DIRECT MARKETING

CA may use or disclose Consumer & Business Data (other than Consumer & Business Sensitive Data) collected from an individual for the purpose of facilitating direct marketing by End Users (including but not limited to direct mail campaigns by post, email, telemarketing and social media) where that individual would reasonably expect CA to use or disclose Consumer & Business Data for this purpose.
CA may use or disclose Consumer & Business Data (other than Consumer & Business Sensitive Data) collected in other circumstances for the purpose of facilitating direct marketing by End Users, subject to, and in accordance with, the law. This may involve obtaining an individual's consent where practicable.
CA will only use or disclose Consumer & Business Sensitive Data for the purpose of facilitating direct marketing by End Users if an individual has consented to the use or disclosure of Consumer & Business Sensitive Data for that purpose.
CA may use cloud service providers or contractors to fulfil the purpose of facilitating direct marketing, but in such cases, the cloud service providers or contractors may only use the Consumer & Business Data to store and manage the Personal Information or perform a function of their service contract. CA maintains control over the Consumer & Business Data (and does not release the subsequent handling of the Consumer & Business Data from its effective control).
In order to fulfil the direct marketing purposes, CA may disclose the Consumer & Business Data to the End User, the End Users' agents (including but not limited to advertising agencies, marketing agencies and mail houses), marketing suppliers (including suppliers of market research, mailing systems, marketing services, data processing, broadcasting services and market research services), and CA's related bodies corporate.
CA may also disclose Consumer & Business Data to other third parties as required, authorised or permitted by law.
You may request that CA not use or disclose your Consumer & Business Data for the purpose of facilitating direct marketing by End Users by sending an email to CA’s Privacy Officer at privacy@contactability.com.au. CA will effect this request at no charge, within a reasonable period after the request is made (typically no later than 30 days).
You may request that CA provide the source of your Consumer & Business Data by sending an email to CA’s Privacy Officer at privacy@contactabilty.com.au. CA will provide the source 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.


8. ANONYMITY

Where practicable, an individual will have the option to not identify themselves or to use a pseudonym.
An individual is free to use the CA website anonymously by not identifying themselves. An individual has the option of remaining anonymous when giving CA feedback by not providing any of Personal Information. 


9. CROSS BORDER DISCLOSURE

CA is unlikely to disclose Personal Information to overseas recipients. 
CA is unlikely to disclose Consumer & Business Data to overseas recipients. 
If CA wishes to disclose any Personal Information or Consumer & Business Data 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 (excluding APP 1) except as otherwise required, authorised or permitted by the law.


10. GOVERNMENT RELATED IDENTIFIERS

The government related identifiers collected by CA for CA's benefit include an individual's drivers licence number.
CA only uses or discloses such government related identifiers if it is reasonably necessary for CA to verify the identity of the individual for the purposes of CA's activities or functions, or as otherwise required, authorised or permitted by law.


11. DATA QUALITY 

CA will take such steps as are reasonable in the circumstances to ensure that the Personal Information and Consumer & Business Data CA collects, uses and/or discloses is accurate, up to date, complete, and relevant. 
This may involve verifying Personal Information and Consumer & Business Data to identify, update and verify out of date contact details, matching contact details to the National Change of Address file, and excluding Personal Information and Consumer & Business Data that is listed on the Do Not Call Register, ADMA Do Not Mail file or on an End User database.
You may request that CA update or correct your Personal Information or Consumer & Business Data by sending an email to CA’s Privacy Officer at privacy@contactabilty.com.au.


12. STORAGE AND SECURITY

CA stores Personal Information (which has been collected by CA) for the purposes of enabling CA to use and disclose it as required, authorised or permitted in accordance with this Privacy Policy and the law, for legal and taxation compliance, and for contractual reasons.
CA stores Consumer & Business Data (which has been collected by CA) for the purposes of enabling CA to use and disclose it as required, authorised or permitted in accordance with this Privacy Policy and the law, for legal and taxation compliance, for contractual reasons and for recording keeping purposes.
CA may hold Personal Information on its 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).
CA may hold Consumer & Business Data on its server and in cloud programs used for storage, file sharing and transfer, document management, email and similar or related purposes. CA handles and manages this Consumer & Business Data and does not release this information from its effective control (except as otherwise provided in this Privacy Policy).
CA will take such steps as are reasonable in the circumstances to protect Personal Information and Consumer & Business Data 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 or Consumer & Business Data, backing up Personal Information and Consumer & Business Data on a regular basis, requiring End Users (and their agents) and suppliers to maintain minimum security standards and privacy compliance with regard to the Personal Information and Consumer & Business Data, encrypting and password protecting the Personal Information and Consumer & Business Data, requiring End Users (and their agents) and suppliers to destroy or de-identify the Personal Information and Consumer & Business Data after it has been used, and removing all Personal Information and Consumer & Business Data 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 and Consumer & Business Data when it is no longer required by CA for any purpose for which it may be used or disclosed in accordance with this Privacy Policy.


13. ACCESS 

You may access the Personal Information and Consumer & Business Data CA holds about you by making your request in writing. CA will provide such access subject to the exceptions under the Act. 
Please request access to your Personal Information or Consumer & Business Data 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). 


14. CORRECTION

You may correct the Personal Information and Consumer & Business Data CA holds 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 regarding 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 or Consumer & Business Data or the provision of a statement 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).
If CA corrects your Personal Information or Consumer & Business Data, and CA previously disclosed that Personal Information or Consumer & Business Data 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.


15. COMPLAINTS

If you have any complaints about a breach by CA of the APPs or an APP Code (if any, that binds CA), you should first send your complaint in writing to CA's Privacy Officer at privacy@contactability.com.au. CA 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, please contact CA to arrange a meeting to resolve the issue.
If your complaint is still not resolved, you may take your complaint to a recognised external dispute resolution scheme (if any) operated by the Australian Direct Marketing Association.
If your complaint is still not resolved, you may take your complaint to the Office of the Australian Information Commission.


16. HOW TO CONTACT US

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 256, St Leonards NSW 1590, or 02 9460 8989.


17. CHANGES TO THIS PRIVACY POLICY

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

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