SWOOP’S COMMITMENT TO PRIVACY
Swoop Holdings Limited ACN 009 256 535, Swoop Telecommunications Pty Limited ACN 109 931 731 (trading as Swoop, the Swoop Business
), N1 Telecommunications Pty Ltd ACN 638 547 476 (trading as NodeOne, the NodeOne Business
) and each of their Australian and New Zealand subsidiaries and affiliates (collectively referred to as Swoop
refers to Swoop and “you”
Swoop offers fixed wireless and broadband services to residential and business customers under the Swoop Business and the NodeOne Business, primarily through its own fixed wireless networks, but also by acquiring wholesale capacity from fixed line network operators including LBN and OptiComm (both part of the Uniti Group) and the NBN Co Limited. Swoop also offers wholesale capacity on its fixed wireless networks to other telecommunications retail service providers.
OTHER TERMS WHICH MAY APPLY
WHAT INFORMATION DOES SWOOP COLLECT ABOUT YOU? Customers and prospective customers and other business partners
When you enquire about our products and services or when you become a customer or business partner of Swoop, a record is made which includes your personal information.
The type of personal information that we collect will vary depending on the circumstances of collection and the kind of products and services that you request from us, but will typically include:
• personal details such as your name, title, e-mail address, postal address and other personal or business contact details;
• information about your employer or an organisation who you represent;
• your professional details (such as your occupation and job title);
• any additional personal information you provide to us, or authorise us to collect, as part of your interaction with Swoop;
• information about how you use our products and services; and
• other contact details regarding our interactions and transactions with you and the organisation you represent. In rare and specific circumstances we may collect what is classified as “sensitive information” under applicable privacy laws. We only ever do this to the extent such sensitive information is relevant to our functions and activities and in accordance with applicable privacy laws. Prospective employees / applicants
We collect personal information when recruiting personnel, such as your name, title, date of birth, contact details, qualifications and work history (including references and other information included in a CV, resume or cover letter as part of the application process). Generally, we will collect this information directly from you. We may also collect personal information from third parties in ways which you would expect (for example, from recruitment agencies or referees you have nominated). Before offering you a position, we may collect additional details such as your tax file number and superannuation information and other information necessary to conduct background checks to determine your suitability for certain positions. We may also collect information from third party sources including any information that is readily available via publicly accessible online profiles, where the collection is reasonably necessary for our functions and activities. Shareholders
We (or a share registry provider we may engage) may also collect information to maintain shareholder information in accordance with ASX requirements, such as:
• the name of the individual shareholder and any trustee (if applicable);
• personal details relating to any Power of Attorney (e.g. the attorney’s name, address, occupation, date of birth and phone number);
• bank account details; and
• your SRN or HIN.
When we collect personal information from shareholders, we may also use and disclose it for other reasons related to your shareholding, such as identity verification, providing shareholder services, sending you correspondence and documents and responding to complaints or inquiries. We may also use your information to market our products and services, such as exclusive shareholder offers, to you. Other individuals
Swoop may collect personal information about other individuals who are not customers or business partners of Swoop. This includes members of the public who participate in events we are involved with; individual service providers and contractors to Swoop; and other individuals who interact with Swoop on a commercial basis. The kinds of personal information we collect will depend on the capacity in which you are dealing with Swoop. Generally, it would include your name, contact details, and information regarding our interactions and transactions with you. If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings of you. Visitors to our websites
The way in which we handle the personal information of visitors to our websites is discussed below. What happens if you don’t provide your personal information?
You can always decline to give Swoop any personal information we request, but that may mean we cannot provide you with some or all of the services you have requested or we may not be able to do business with you effectively or meet the expectations of customers or shareholders. If you have any concerns about personal information we have requested, please let us know.
HOW AND WHY DOES SWOOP COLLECT AND USE YOUR PERSONAL INFORMATION?
Swoop collects personal information reasonably necessary to carry out our business, to assess and manage our customers’ needs, and provide products and services to you. We may also collect information to fulfil administrative functions associated with these products and services, for example billing, entering into contracts with you and/or third parties and managing customer and other business relationships. We may also collect personal information to administer and manage our relationships with our shareholders. Swoop may allow shareholders and other visitors to our websites to sign up for alerts and otherwise communicate with us. The purposes for which Swoop usually collects and uses personal information depends on the nature of your interaction with us, but may include:
• responding to requests for information and other general inquiries about our products and services;
• managing our relationship with you if you are a customer, supplier, business partner or shareholder;
• managing, planning, advertising and administering programs, events and competitions which may be of interest to you;
• researching, developing and expanding our facilities and services;
• informing you of our activities, events, facilities and services;
• recruitment processes (including for contractors);
• performing credit checks; and
• responding to enquires and complaints. Swoop generally collects personal information directly from you. We may collect and update your personal information over the phone, by email, over the internet or social media, or in person. We may also collect personal information about you from other sources, for example: • our affiliated and related companies;
• third party suppliers and contractors who assist us to operate our business;
• our employees, agents, contractors and suppliers;
• third parties such as credit reporting bodies and credit providers;
• third parties such as sporting clubs and community organisations that we partner with;
• your authorised representatives;
• other telecommunication and information service providers;
• our equipment; and
• other publicly available sources of information.
Swoop also collects and uses personal information for market research purposes and to innovate our delivery of products and services.
HOW DOES SWOOP INTERACT WITH YOU VIA THE INTERNET?
CAN YOU DEAL WITH SWOOP ANONYMOUSLY?
Swoop will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry or when providing information to us which is covered under our Whistle Blower Policy). Generally it is not practicable for Swoop to deal with individuals anonymously or pseudonymously on an ongoing basis. If we do not collect personal information about you, you may be unable to utilise our products or services or participate in our events, programs or activities we manage or deliver.
HOW DOES SWOOP HOLD INFORMATION?
Swoop stores information in paper-based files or other electronic record keeping methods in secure databases (including trusted third party storage providers based in Australia and Japan). Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure. Swoop maintains physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security; for example, we use firewalls (security measures for the Internet) and other security systems such as user identifiers and passwords to control access to our computer systems. Our websites use encryption or other technologies to ensure the secure transmission of information via the internet. Notwithstanding our use of encryption or other technologies to ensure secure transmission of information, users of our websites are encouraged to exercise care in sending personal information via the internet. We take steps to destroy or de-identify information that we no longer require or as required by applicable law.
DOES SWOOP USE OR DISCLOSE YOUR PERSONAL INFORMATION FOR DIRECT MARKETING?
Swoop may use or disclose your personal information for the purpose of informing you about our products and services, upcoming promotions and events, or other opportunities that may interest you or as otherwise permitted under applicable privacy laws. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below or using the opt-out functionality contained in the electronic message. If you opt-out of receiving marketing material from us, Swoop may still contact you in relation to its ongoing relationship with you.
HOW DOES SWOOP USE AND DISCLOSE PERSONAL INFORMATION? For customers and other business partners
The purposes for which we may use and disclose your personal information will depend on the products and services we are providing you. For example, if you have engaged us to deliver a product or service, we may disclose information about you to service providers where this is relevant to our products and services. Disclosure to contractors and other service providers
Swoop may disclose information to third parties we engage in order to provide our products and services and administer our relationships with shareholders, including contractors and service providers used to provide you with our products and services (for example, we may disclose your personal information to Optus when provisioning NBN services via Optus) and for resolving technical faults regarding your products or services, data processing, data analysis, customer satisfaction surveys, information technology services and support, website maintenance/development, printing, archiving, mail-outs, and market research.
Personal information may also be shared between related and affiliated companies of Swoop, located in Australia and New Zealand.
Third parties to whom we have disclosed your personal information may contact you directly to let you know they have collected your personal information and to give you information about their privacy policies.
We also use secure payment gateways provided by third party service providers such as Stripe for the purpose of processing payments online. Swoop does not collect or disclose any personal information relating to your credit card or payment card details, this information is collected directly by Stripe. For more information on how Stripe handles your personal information visit https://stripe.com/au/privacy. Use and disclosure for administration and management
Swoop will also use and disclose personal information for a range of administrative, management and operational purposes. This includes:
• administering billing and payments and debt recovery;
• conducting fraud checks;
• planning, managing, monitoring and evaluating our services;
• quality improvement activities;
• statistical analysis and reporting;
• training staff, contractors and other workers;
• risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives);
• responding to enquiries and complaints regarding our services;
• verifying the identities of our shareholders and managing our relationships with them;
• obtaining advice from consultants and other professional advisers; and
• responding to subpoenas and other legal orders and obligations.
Other uses and disclosures
DOES SWOOP DISCLOSE YOUR PERSONAL INFORMATION OVERSEAS?
Swoop is a works with customers, service providers, sponsors and commercial interests across the globe. It is likely that your personal information will be disclosed to overseas recipients including to service providers who may handle, process or store your personal information on our behalf. Unless we have your consent, or an exception under the Australian Privacy Principles applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information.
In circumstances where your information is disclosed to overseas recipients, those recipients are likely to be located in countries in the regions in which Swoop and its related entities and affiliates operate, including New Zealand, or where datacentres Swoop uses are located, including Japan.
HOW CAN YOU ACCESS OR SEEK CORRECTION OF YOUR PERSONAL INFORMATION?
You are entitled to access your personal information held by Swoop on request. To request access to your personal information please contact our General Counsel’s office using the contact details set out below.
We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change. However, if you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information. We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.
WHAT SHOULD YOU DO IF YOU HAVE A COMPLAINT ABOUT THE HANDLING OF YOUR PERSONAL INFORMATION?
HOW CAN YOU CONTACT SWOOP?
The contact details for Swoop are: Swoop General Counsel [email protected] 1300 333 200