GoConnect Australia Pty Ltd - Privacy Policy

1. Introduction

GoConnect Australia Pty Ltd (ABN 86 090 146 213) ("GoConnect") is committed to the protection of your personal information (as defined in the Privacy Act 1988 (Cth)). Various rules, legislation and regulations govern GoConnect's business, including but not limited to:

  • the Telecommunications Act 1997 (Cth);

  • the Privacy Act 1988 (Cth);

  • the Broadcasting Services Act 1993 (Cth);

  • various industry Codes of Practice, including but not limited to the Internet Industry Association of Australia Code of Conduct; and

  • GoConnect's own policies and procedures.

GoConnect's policies and procedures include this Privacy Policy, which forms part of Members Option Plan Terms and Conditions, User Policy and the GoTrek Software License Agreement entered into with GoConnect. This Privacy Policy has been designed to ensure that your personal information is protected and handled in accordance with the Privacy Act 1988 (Cth). This Privacy Policy has been modelled but is not bound by the National Privacy Principles. Your acceptance of the 'Submit' button constitutes your consent and confirms your agreement to be bound by the terms and conditions of this Privacy Policy.

This Privacy Policy contains the following important information for individuals wishing to become and who currently are members of the GoConnect Option Plan Service who wish to or have downloaded the GoTrek software. The information also relates to other services offered by GoConnect in relation to the provision of content and advertisements on GoTrek as provided by GoConnect. References hereto are references to the "Service(s)".

This Privacy Policy deals with the following areas:

  • Collection of your personal information;

  • How GoConnect uses your personal information;

  • Disclosure of your information;

  • Security of your information;

  • How to access, correct or update your information;

  • What else you should know about privacy; and

  • How to contact GoConnect.

2. Collection of your personal information:

When you register to use the Service, prior to subscribing to the Option Plan and installing the GoTrek software, your personal information will be collected with your consent and will be held in the strictest confidence at all times by GoConnect in accordance with and subject to the Privacy Act.

GoConnect will not collect any personal information from you revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation and other similar sensitive and personal information, except:

  1. where you have given express consent to GoConnect to do so;

  2. where it is reasonably suspected that unlawful activity has been or may be engaged in;

  3. the collection is required by law or reasonably necessary to enforce the law; or

  4. when the information is necessary for the establishment, exercise or defence of a legal claim.

3. Use of your personal information:

Primary Purpose:

The personal information that you provide to GoConnect during registration for the Service is used for identification purposes and will assist you in the administration of the Service to you. The information gathered from your use of the Services enables GoConnect to provide better-personalised Services that are tailored to your needs.

Secondary Purpose:

GoConnect aggregates the data that is gathered when you use the Services for analytical purposes. Personally identifiable characteristics are removed and the user remains anonymous, unless you have given prior specific consent for GoConnect to recognise your personalised usage. Additional data provided to GoConnect is used to target the publication of advertising to members and to examine Internet trends and demographics to help GoConnect offer you improved online products and Services. The personal information collected will be used for various secondary purposes including:

  1. ongoing marketing and advertising of the GoTrek product by any means offered by GoConnect and by its affiliated partners; and

  2. ongoing marketing by GoConnect of future promotions on special offers by any means offered by GoConnect and by its affiliated partners.

GoConnect may use this personal information for a purpose other than these purposes (specified above) if:

  1. you would reasonably expect us to use the personal information for that other purpose; and

  2. that other purpose is related to these purposes (specified above). For example, sending you e-mails providing essential information about your GoConnect online Service and other secondary purposes.

GoConnect may only use your personal information or data for the purpose of direct marketing in relation to promotional activities where it is impracticable for us to obtain your prior express consent. However, when GoConnect does this, GoConnect will provide an express opportunity when we first contact you to decline receiving any further marketing communications from GoConnect, via an opt-out mechanism. .

If GoConnect wishes to use any of this personal information, information or data for any purpose other than those specified above unless;

  1. the individual has consented to the use or disclosure; or

  2. there is reasonable grounds to believe that the disclosure is necessary to lessen or to prevent a serious or imminent threat to life, health or safety to an individual; or

  3. GoConnect reasonably suspects that unlawful activity is or has been engaged in and uses the personal information, information or data to investigate the suspected unlawful activity; or

  4. the use is authorised by law or reasonably necessary to enforce the law. These uses may include where GoConnect is required to provide information in response to subpoenas or warrants or other legal or regulatory processes.

4. Disclosure of your information:

The information GoConnect collects from you is strictly confidential. GoConnect will not reveal, disclose, sell, distribute, rent, licence, share or pass that information on to any third parties, other than those parties who are contracted to GoConnect to provide the Service, and who GoConnect will procure to keep the personal information confidential.

GoConnect must not disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of the collection unless:

  1. both of the following apply:

    1. the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;

    2. the individual would reasonably expect GoConnect to disclose the information for the secondary purpose; or

  2. the individual has consented to the disclosure; or

  3. if the information is not sensitive information and the disclosure of the information is for the secondary purpose of direct marketing:

    1. it is impracticable for GoConnect to seek the individual's consent before that particular use; and

    2. GoConnect will not charge the individual for giving effect to a request by the individual to GoConnect not to receive direct marketing communications; and

    3. the individual has not made a request to GoConnect not to receive direct marketing communications; and

    4. in each direct marketing communication with the individual, GoConnect draws to the individual's attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and

    5. each written direct marketing communication by GoConnect with the individual (up to and including the communication that involves the use) sets out a number or email address at which GoConnect can be directly contacted electronically; or

  4. GoConnect reasonably believes that the disclosure is necessary to lessen or prevent:

    1. a serious and imminent threat to an individual's life, health or safety; or

    2. a serious threat to public health or public safety; or

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

  6. the disclosure is required or authorised by or under law; or

  7. GoConnect reasonably believes that the disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:

    1. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;

    2. the enforcement of laws relating to the confiscation of the proceeds of crime;

    3. the protection of the public revenue;

    4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;

    5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

5. Security of your information that you may send to or receive from using the Service:

GoConnect will take reasonable steps to ensure that all information collected will be protected from misuse and loss and from unauthorised access, modification or disclosure. GoConnect will also take reasonable steps to ensure that the personal information used or disclosed is accurate, complete, up-to-date and stored in a secure environment accessed only by authorised persons. Transmissions sent to or from GoConnect through the Service are routinely monitored for quality control and systems administration.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While GoConnect strives to protect your personal information from misuse, loss and unauthorised access, GoConnect cannot guarantee the security of any information you transmit to or receive from GoConnect. These activities are conducted at your own risk.

GoConnect will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information was obtained or if requested to be destroyed by the individual.

6. How to access, correct or update your information:

You will always have access to the information and content that you provide to GoConnect. You can easily edit or delete your personal information provided during the registration and software installation process, unless it is mandatory information required for your registration application, except where:

  1. providing access will pose a serious and imminent threat to life or health of any individual or pose an unreasonable impact on the privacy of an individual;

  2. your request for access is frivolous or vexatious;

  3. the information relates to existing legal proceedings between GoConnect and you and the information would not be discoverable in the process of those legal proceedings; or

  4. providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of laws, or denying access is specifically authorised by law.

  5. Providing access would reveal the intentions of GoConnect in relation to negotiations with the individual in such a way as to prejudice those negotiations; or

  6. An enforcement body asks GoConnect not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

You will need your username and password to access and modify your registration information.

If you wish to access or modify personal information which you have provided, but you cannot access the information at the site mentioned above, please send an e-mail using the feedback mechanisms on the Service.

If GoConnect does not allow you to access your personal information, GoConnect will provide you with the reasons for their decision. If you believe that the personal information collected, used or disclosed is inaccurate, incomplete or not up to date but GoConnect does not agree with you, GoConnect will post a statement of your claim where that information is kept and accessed.

7. Transborder data flows

GoConnect may transfer personal information about an individual to someone (other than GoConnect or the individual) who is in a foreign country only if;

  1. GoConnect reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or

  2. the individual consents to the transfer; or

  3. the transfer is necessary for the performance of a contract between the individual and GoConnect, or for the implementation of precontractual measures taken in response to the individual's request; or

  4. the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between GoConnect and a third party; or

  5. all of the following apply:

    1. the transfer is for the benefit of the individual;

    2. it is impracticable to obtain the consent of the individual to that transfer;

    3. if it were practicable to obtain such consent, the individual would be likely to give it; or

8. What else you should know about privacy:

Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. You as an individual are responsible for the security of and access to your own computer.

Please be aware that whenever you voluntarily disclose personal information over the Internet, this information can be potentially collected and used by others. In short, if you post personal information in publicly accessible online forums, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet and GoConnect.

For further information concerning privacy, please refer to The Australian Privacy Commissioner's Web Site at http://www.privacy.gov.au.

9. How to contact us:

If you have any concerns or questions, please contact GoConnect by telephoning (03) 9993 7000 during ordinary business hours or send your questions and comments via . You should also refer to GoConnect's Option Plan Terms and Conditions, Option Plan User Policy and GoConnect's GoTrek Software License Agreement for further information.

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