Cirrus is committed to the protection of customer personal information. Cirrus is subject to the requirements of the Telecommunications Act 1997 and the Telecommunication Industry Ombudsman Scheme. Cirrus also wishes to comply with the Australian Communications Industry Forum Code for the Protection of Personal Information of Customers of Telecommunications Providers.
Personal information held by Cirrus
Cirrus only collects personal information from you that is necessary for Cirrus to perform its functions or if it is required by law. The personal information Cirrus collects about you depends on the services that you have asked Cirrus to provide, and the way that you use those services. Personal information that Cirrus may hold about you includes:
- your name, address and contact details;
- your date of birth;
- details of your drivers licence;
- your credit card details;
- information about you that Cirrus has obtained as a result of credit checks which you have authorized Cirrus to carry out;
- records of communications between you and Cirrus;
- logs of the manner in which you use the services;
- billing information;
- reports from our contractors who have provided services to you on our behalf.
Use of your personal information
Cirrus acknowledges that personal information is very important to you, and that you should have a right to control the use and dissemination of that information. The primary purpose for which we use your personal information is to provide you with Internet services. We might also use your personal information for related purposes including: providing you with customer service, including investigating and resolving of complaints in relation to your services;
- provisioning your services;
- network routing;
- checks for credit-worthiness and for fraud;
- debt collection.
Cirrus may use some of your personal information to inform you about other products and services provided by Cirrus or its business partners. However, in doing this we would not disclose your credit card details or records of use. We will give you the opportunity to opt out of these marketing activities, and will respect your request to decline to receive further direct marketing communications.
How Cirrus collects personal information
Cirrus collects your personal information in a number of ways, such as over the phone, over the Internet if you transact with us on-line, or when you complete an application form for one of the products or services that we offer or promote. Cirrus collects personal information directly from you at the time you apply for internet services. Cirrus may also collect personal information from third parties such as:
- credit reporting agencies;
- suppliers of telecommunication services (eg other telecommunication and information service providers);
- other entities who supply services to us related to the provision of telecommunication services provided to you.
Disclosure of your Personal Information
Cirrus will treat the personal information that it collects from you as confidential. Cirrus will not reveal, disclose, sell, rent or pass that information on to any third parties, unless they are contracted to Cirrus to keep the information confidential or are required to comply with all relevant laws including the Privacy Act 1988. Services that Cirrus contracts out, or may contract out at some future time, include the provisioning of your service (eg installations), the mailing of bills and other communications to customers, debt collection, and I.T. services. We impose security and confidentiality requirements on how contractors are to use your personal information.
Cirrus may disclose personal information for the purpose specified to you at the time of collection, or for any other purpose if:
- you would reasonably expect Cirrus to disclose it for that purpose; and
- that purpose is related to the purpose specified to you at the time of collection.
If Cirrus should wish to disclose any of the personal information other than as set out above, we will not do so unless we have your express consent. Cirrus will, however, disclose your personal information in a number of circumstances allowed by the Privacy Principles. Those circumstances include:
- where there are reasonable grounds to believe the disclosure is necessary to prevent a threat to life or health; or
- where Cirrus suspects that unlawful activity is or has been engaged in and uses the personal information to investigate the suspected unlawful activity; or
- the use or disclosure is authorized or required by law, or is reasonably necessary to enforce the law.
Cirrus will take reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment accessed only by authorized persons.
Access and correction of personal information
You have the right to access the personal information that Cirrus holds about you. Cirrus will generally not charge you with a fee for access to your personal information, unless we consider that your requests are unnecessarily numerous, extensive or otherwise vexatious. If you wish to have a copy of the personal information, Cirrus may require you to pay some charges which cover Cirrus’ administrative costs of providing the information to you, but we will not impose a charge just for lodging a request for access with us. Details of these charges are shown on the Rate Card. To request access to your personal information, please contact our Customer Service Centre on (02) 4336 2020 or send an email to firstname.lastname@example.org requesting access.
If for any reason Cirrus refuses to give you access to your personal information, we will give you the reasons for our decision. We may deny you or limit access to personal information where giving you access:
- would pose a serious threat to life or health of any individual or pose an unreasonable impact on the privacy of an individual;
- would prejudice any negotiations or legal proceedings between you and Cirrus;
- would prejudice the detection and investigation of unlawful activity; or
- would prejudice enforcement of laws.
If you believe that we hold personal information that you consider to be inaccurate, incomplete or not up-to-date, please contact our Customer Service Centre on (02) 4336 2020. We will usually amend any inaccurate, incomplete or out of date information. However, if we disagree on whether the information is to be amended, and cannot resolve that disagreement, either you or Cirrus may append an explanatory note to the information in question.
Privacy Complaints and Contact Details
You can complain about breaches of your privacy by sending:
- a pre-paid letter addressed to Cirrus at PO Box 1745 Gosford NSW 2250; or
- a facsimile to (02) 4323 2177; or
- an email addressed to email@example.com
Cirrus Communications Complaints Handling Procedure
Cirrus has a formal complaint handling procedure to ensure that your complaint is addressed at the appropriate level.
We would like you to tell us if our service has not met your expectations, or if you have a concern with Cirrus.
For general complaints, including privacy complaints please phone our Customer Support Centre on 1300 552 698.
If you would prefer to put your complaint in writing, we will respond to your letter by telephone and, if you wish, we will also confirm any details in writing.
These procedures are intended to recognize the need for fairness both to the customer who complains, and also to Cirrus in dealing with complaints.
Obligations on Cirrus when dealing with complaints
Cirrus will strive to: (a)continuously improve our standard of customer service; and (b)ensure that Cirrus customers obtain access to this complaint management process.
In dealing with complaints our goals are to: (a)be fair to our customers and also quickly and effectively resolve all problems and complaints to your satisfaction at the local level; and (b)keep our customers informed of how resolution of their complaint is progressing; and (c)finalise complaints within 30 days of receipt, unless they are particularly complex and require more time.
Procedure that Cirrus will follow when you make a complaint
If you telephone Cirrus, the Cirrus consultant who takes your call will give you his or her name, and also provide you with: (a)a complaint reference number; and (b)a telephone number for making further inquiries.
If the Cirrus consultant cannot resolve your complaint in response to your first call, he or she will transfer your complaint to a more appropriate person to ensure that your complaint is resolved to your satisfaction.
As soon as information on progress of your complaint becomes available, we will contact you – usually within five working days of your first call.
If Cirrus requires further time to investigate your complaint, we will contact you to let you know of the delay and give you a new timeline.
If you are not satisfied with the way in which your complaint is handled, or if you feel that you have not received a fair hearing, your complaint will be escalated to a supervisor or manager. He or she will review your complaint and resolutions offered and discuss the complaint with you.
If your complaint is still not resolved to your satisfaction by Cirrus, you can refer your complaint to the Telecommunications Industry Ombudsman (TIO). The TIO is also able to investigate complaints about breaches of some industry codes developed by the Australian Communications Industry Forum, now known as the Communications Alliance.
If your complaint is not resolved to your satisfaction by Cirrus and your concern involves a carrier licence or some other regulatory issue, you may contact the government industry regulator, the Australian Communications and Media Authority (ACMA). Alternatively, you may choose to seek independent legal advice from a solicitor.
If you ask us to do so, we will give you written advice about the outcome of the investigation of your complaint.
Extent of Cirrus liability
In order not to misrepresent Cirrus and our legal position in any way, this information on the extent of our liability is written in legal terminology.
You may have a right, under the Trade Practices Act 1974 (Cth) and/or under similar legislation in the State or Territory in which you live, to be compensated for loss or damage that you suffer and which is caused by acts or omissions in the supply of telecommunications services and related goods and services.
Cirrus’s liability for such loss or damage is limited, to some extent, by the Terms and Conditions of our agreement with you for the supply of our services, although not where that liability cannot, by law, be limited.
Cirrus is a company and so is generally liable to the same extent as any other company for wrongful acts or omissions. However, it is also for ACMA to impose limits under the Telecommunications Act 1997 (1997) on amounts recoverable in tort for wrongful acts or omissions (of a civil rather than criminal nature) made in the supply of specific carriage services. At 27 May 2005, ACMA had not imposed such a limit – but it may do so at some time in the future.
If you believe you have a claim against Cirrus relating to a service that Cirrus has provided, you must take reasonable steps to minimise the extent of such loss or damage.
If you require any further information about your rights, we suggest you either seek independent legal advice, or alternatively that you seek non-legal assistance from the Telecommunications Industry Ombudsman (TIO) whose contact details are set out below.
- Freecall: 1800 062 058
- Freefax :1800 630 058
- TTY: 1800 675 692
- Translator & Intrepreter Service: 131 450
- Phone: +61 03 8600 8700
- Fax: +61 03 8600 8797
- Email: firstname.lastname@example.org
- Postal Address: PO Box 276, Collins St West, Melbourne VIC 8007, Australia
- Street Address: 15/114 William St, Melbourne VIC 3000, Australia
- You can provide feedback via the TIO website.