Yell is committed to providing the highest quality of service to its customers. To do that, we will at certain times have to have access to certain personal information about its customers.

Yell believes that its customers have a right to feel secure that their private information will be treated responsibly and with respect. To provide that security, Yell has prepared a Privacy Policy. This policy is based on agreed industry standards to guide the collection, use and disclosure of personal information.

The policy outlines:

· That type of information Yell is likely to wish to collect
· Why it does so
· How that information will be stored
· The circumstances in which that information can be used
· When and to whom that information can be disclosed, and
· Customers’ rights in relation to seeing and correcting that information

Once you have read this document, if you have any further questions or concerns, or would like to discuss information about you that you believe Yell holds, you can contact Yell by phone, email or regular mail. The contact details are all at the end of the Privacy Policy.

Privacy Policy

This statement sets out the principles that Yell adopts in relation to the protection of information about individuals. These principles deal with the collection, use and disclosure of personal information, as well as access to information and intrusion issues.

Yell seeks to comply with the principles set out in the Australian Communications Industry Forum Industry Code C523, Protection of Personal Information of Customers of Telecommunications Providers (ACIF Code).

What Information is collected and how is it collected?

Examples of the types of personal information Yell may collect about its customers are: names, addresses, dates of birth, some information about financial institutions and accounts from which payments are made or for the purpose of credit checks, records of communication between Yell and customers, records of the use of services and, billing histories and records.

Yell will only collect personal information that is necessary for it to perform one or more of its legitimate functions or activities. The type of information it collects will depend on the services a customer uses. If part or all of the information Yell sees from an individual is not provided, Yell may be unable or unwilling to provide a service to the individual (or the individual’s affiliated corporate entity)

Yell will only collect personal information by legal and fair means, not in an unreasonably intrusive way. When Yell collects personal information from the subject of the information (or, if that is not practicable, as soon as practicable thereafter), Yell will take reasonable steps to ensure that the subject of the information is aware of:

a. Yell’s identity and how to contact it;

b. The fact that he or she is able to gain access to the information;

c. The purpose for which the information was collected;

d. To whom (or the types of individuals or organisations to which) Yell usually discloses information of this kind;

e. Any law that requires the particular information to be collected; and

f. The main consequences (if any) for the individual if all or part of the information is not provided.

Where it is reasonable and practicable to do so, Yell will collect personal information directly from the subject of the information.

Where Yell collects personal information from a third party, Yell will take reasonable steps to ensure that the subject of the information is or has been made aware of the matters listed above.

How is information used and when is information disclosed?

Yell will use personal information primarily to provide communications services to its customers. Some examples of purposes where Yell may use your personal information are:

billing;
credit verification;
customer support;
to deliver or provide services;
to inform you about new services or promotions.

Yell will only use or disclose personal information for a different purpose (a secondary purpose) if:

a. i. The secondary purpose is related to the primary purpose for which the information was collected; and
ii. The subject of the information would reasonably expect Yell to use or disclose the information for the secondary purpose; and
iii. The use or disclosure is made in the performance of a person’s duties as an employee, agent or contractor of Yell; or

b. The individual has consented to the use or disclosure; or

c. Yell uses or discloses personal information for the purpose of direct marketing; and,
i. it is impracticable for Yell to seek the individual’s consent before using or disclosing the information;
ii. Yell gives the individual the express opportunity at the time of the first contact, and thereafter upon request, and at no cost, to decline to receive any further direct marketing communications and the individual has consented; or

d. Yell reasonably believes that the use is or disclosure necessary to lessen or prevent a serious and imminent threat to an individual’s life or health; or

e. Yell has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigations of the matter or in reporting its concerns to relevant persons or authorities; or

f. The use or disclosure is required or specifically authorised by law; or

g. The use or disclosure is reasonably necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty, or for the protection of the public revenue.

Quality of Information

Yell will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up to date.

Security of Information

Yell will take physical and electronic measures to secure information, such as by storing information in password protected computer files and servers. Yell customers have a role in protecting their information, such as by protecting their personal passwords.

Yell will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.

Yell will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed.

Accessing and Correcting Information

Access to Information
Yell will generally provide individuals with access to see, or a copy of, any personal information that it holds about them. To request this access, individuals should refer to the contact details section below. Yell will require, at a minimum, that anyone requesting this information can verify their identity.

In some cases, Yell might not be able to provide information immediately, but will respond to requests in the shortest time possible.

Yell might make an exception to this where:

a. Providing access would pose a serious and imminent threat to the life or health of an individual; or
b. Providing access would have an unreasonable impact upon the privacy of other individuals; or
c. The request for access is frivolous or vexatious; or
d. The information relates to existing legal dispute resolution proceedings between Yell and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
e. Providing access would reveal the intentions of Yell in relation to negotiations with the individual in such a way to prejudice those negotiations; or
f. Providing access would be unlawful; or
g. Denying access is specifically authorised by law; or
h. Providing access would be likely to prejudice an investigation of possible unlawful activity; or
i. Providing access would be likely to prejudice:
i. The prevention, detection, investigation, prosecution or punishment of

a) Criminal offences; or
b) Breaches of a law imposing a penalty or sanction
ii. The enforcement of laws relating to the confiscation of the proceeds of crime;
iii. The protection of the public revenue;
iv. The prevention, detection, investigation or remedying of Seriously Improper Conduct (as defined in the ACIF code); or
v. Preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;

By or on behalf of an enforcement agency; or

j. ASIO, ASIS or an enforcement agency performing a lawful national security function asks Yell not to provide access on the basis that providing access would be likely to cause damage to the national security of Australia, If an individual is seeking access to information that has been created inside Yell in connection with a commercially sensitive decision-making process, Yell may give the individual an explanation of the decision, rather than giving them the information directly.

If the individual is still not satisfied with the decision, he or she can request that Yell reviews the decision. Yell will ensure that any subsequent review is conducted by different personnel than the original decision maker(s).

Charges

Yell will avoid levying a charge for providing access to information unless providing that access is complex or resource intensive. If Yell levies charges for providing access to personal information, those charges will not be excessive; and will not apply to lodging a request for access.

Corrections

If Yell holds personal information about an individual and the individual is able to show that the information is not accurate, complete and up to date, Yell will take reasonable steps to correct the information. If the individual and Yell disagree about whether the information is accurate, complete and up to date, an individual can ask Yell to add to the information a statement that the individual claims that it is not accurate, complete or up to date.

Yell will provide reasons for any denial of access or correction.

Anonymity

Whenever it is lawful and practicable, individuals will have the option of not identifying themselves when dealing with Yell.

Data Flows Overseas

Yell will not transfer personal data outside Australia unless:

a. Yell reasonably believes that the recipient of the information is subject to a statute, binding scheme or contract which effectively upholds principles for fair information handling that are substantially similar to these rules; or

b. The individual concerned consents to the transfer; or

c. The transfer is necessary for the performance of a contract between the individual concerned and Yell, or for the implementation of pre contractual measures taken in respect to the individual’s request; or

d. The transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual concerned between Yell and a third party or

e. The transfer is for the benefit of the individual concerned; and
    i. it is not practicable to obtain the consent of the subject of the information to that transfer; and
    ii. If it were practicable to obtain such consent, the subject of the information would give it; or

f. Yell has taken reasonable steps to ensure that the information, which it has transferred, will not be collected, held, used or disclosed by the recipient of the information inconsistently with these rules.

Sensitive Information

Yell will not collect personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade -union membership, or details of health, disability or sexual activity or orientation unless:

a. The subject of the information has consented; or

b. The collection is required or specifically authorised by law; or

c. The collection is necessary to prevent or lesson a serious and imminent threat to the life or health of any individual, where the subject of the information is physically or legally incapable of giving consent; or

d. The collection is necessary for the establishment, exercise or defence of a legal claim.

Privacy of Network Communications

When installing, operating, or maintaining its network, Yell will take whatever measures are practicable, or are required by law to ensure the privacy of communications passing over its network.

Contact and Complaints

Individuals can raise any privacy related concern with Yell in writing, by email, or by phone.

Telephone and mail contact can be made to:

Customer Service
YELL Telecommunications
PO Box 349 Nunawading
VIC 3131
Email can be sent to: support@Yell.com.au
PH:1300 654 653

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