TVSN Privacy Policy
Version 3.0 12/08/2024
Introduction
- This privacy policy (Policy) is part of our T&Cs, and is issued by TVSN Channel Pty Ltd ABN: 96 111 806 958 (TVSN, we, us or our), a company in the Direct Group grouping of companies (DG), for individuals whose personal information we hold (you or your) and describes the way we manage your personal information, including:
- the kinds of information that we collect and hold;
- how we collect and hold personal information;
- the purposes for which we hold, use and disclose personal information;
- how you can access personal information we hold about you and seek correction of such information;
- how you can lodge a complaint if we breach the applicable privacy principles (or any related code of practice that binds us) and how we will handle such a complaint; and
- the circumstances under which we may disclose your personal information to overseas recipients.
- The Policy also details how we may collect and use non-personally identifiable information about your browsing and or use of our website/s.
- This Policy is made available without charge at www.itvsn.com.au or www.tvsn.co.nz or you may request a copy in another form by writing to us:
- by email to comments@tvsn.com.au
- by post to:
TVSN Channel Pty Ltd
Locked Bag 5012
FRENCHS FOREST NSW 2086 AUSTRALIA
Applicable Law
- TVSN is committed to compliance with privacy principles throughout the world including the “The General Data Protection Regulation”. If you have any concerns you can email us at comments@tvsn.com.au and we will do our best to respond to your questions.
- In relation to the personal information of Australian residents, this Policy is issued to comply with the Privacy Act 1988 (Cth) as amended, applicable related regulations as amended, applicable related codes of practice as amended and successors to any of those (Australian Law). For convenience, ‘(AUS)’ indicates provisions of this Policy applying exclusively to Australian residents.
- In relation to the personal information of New Zealand residents, this Policy is issued subject to the Privacy Act 1993 (NZ) as amended, applicable related regulations as amended, applicable related codes of practice as amended and successors to any of those (New Zealand Law). For convenience, ‘(NZ)’ indicates provisions of this Policy applying exclusively to New Zealand residents.
Collection of Information
- TVSN and DG only collects and stores your information if there is a legal basis to do so, such as:
- you have given TVSN your consent;
- you wish to make a purchase from us; or
- another legal basis under Australian or New Zealand Law.
- Occasionally, we may collect personal information about you from someone else. For example, someone may give us your name and address if they have purchased a gift for you and/or would like us to deliver a gift to you. If you provide us with personal information of another person, such as a gift recipient, you agree to take reasonable steps to ensure that person is made aware of the matters set out in this Policy and they understand how their details will be used.
What kinds of information do we collect and hold?
Personal information.- This is the basic information we collect about you like your name, your address and your contact information (e.g. email, phone, mobile, fax, etc.) and other information that may identify you.
- Sometimes, you may voluntarily disclose other information to us in the course of your dealings with us or with our representatives. If this information comprises or contains one or both of unsolicited personal information or sensitive personal information, such information will be further dealt with as set out below.
- TVSN will only ever collect your personal information in accordance with our Policy and as agreed between yourself and us.
- This can include, passwords, emails or other digital information and, if you make payment to us or receive payment from us, your credit card information, debit card information, EFT information, bank account and similar financial information.
- We will only collect sensitive personal data only when there is a specific need to do so and with your express consent.
- With your consent personal data may be collected and stored electronically for future transactions.
- You may request TVSN to remove credit card information, debit card information, EFT information, bank account and similar financial information by calling 13 23 10 (AUS) 0800 101 301 (NZ) once this request has been actioned you will be required to re-enter payment details for each subsequent purchase.
- You also have the right to the erasure of your personal data where:
- the personal data is no longer necessary in relation to the purposes for which they were collected or processed;
- you withdraw consent for us to use or keep the personal data and there is no other legal ground for us to use or keep the personal data; or
- the personal data has been unlawfully processed.
How we collect information
- Generally, we collect your personal information directly either from you (when you provide your contact details to us in letters, emails, faxes, phone calls, social media postings and other online postings) or from third parties. We also collect information about you indirectly through browser tracking cookies, mobile app reporting and webpage pixel tags and any other online activities when you use our website and apps.
- To the extent it would be impracticable to obtain consent directly from you, we also collect other personal information about you from time to time from third party sources where it is relevant to the conduct of our business functions and activities (such as credit scoring information and consumer preference information).
- Please note that most of the information we collect indirectly is not personal information (since it cannot identify you individually) but some may be (especially when held or used in combination with other information we hold about you).
- Please note that as we expand and extend the digital platforms and other software tools we make available to you, we may collect device-specific information (e.g. information relating to a specific phone or tablet), log information, GPS/WiFi location information and other tracking information; such information may also constitute personal information if it identifies you.
How we hold information
- We treat the storage of your information seriously and aim to ensure we securely store any information we may hold about you. In addition to storing your letters and faxes in physical files, we use a number of electronic systems to record and store your personal and other information, this can include call recording systems, customer notes systems, customer database systems and web database systems (including online forms and/or online ordering).
- If we store sensitive personal information or personal information for any reason it is only to meet the needs of a particular program or activity and any applicable legislative requirements. If that purpose is no longer applicable, sensitive personal information is deleted, we may still keep your email or contact information in order to supply to you newsletters or other marketing information.
- We do not knowingly collect or store any personal information about children under the age of 16. If you are aged under 16 please get your parent or guardian’s permission before you provide any personal information to us.
The purposes of collection, holding, use and disclosure of information
- Along with the general purpose of allowing us to carry out our business activities and functions, we collect your personal information to enable us to organise and carry out:
- Better access for you when using our website(s)
- Personalisation of the website for you.
- Communication with you.
- Shipping and supply of our products (to you)
- Receipt (or making) of payment and associated payment processing including collection and storage of credit card information, debit card information, EFT information, bank account and similar financial information for future transactions based on your consent to do so. We protect cardholder data by the implementation of strong access control measures.
- Issuing invoices and account statements
- Issuing responses to your queries
- Recovering defaulted payment or monies owed (NB in the event that there is defaulted payment or monies owed by you to us, we may share relevant personal information with credit agencies and/or our debt collection agents)
- Competitions and special promotions
- Issue of refunds, credit notes, discount vouchers, reward vouchers and similar benefits
- Customer mailhouse operations
- Targeted mailing
- Drop shipping or courier delivery of products (for bulky or specialist items)
- Product personalisation (if available)
- Address verification
- Credit scoring
- Use of internal and external business analytics tools (e.g. Google Ads or Adwords)
- In addition to standard business activities and the above, we will store the personal information and personal data provided to pre-populate fields on TVSN website(s) to make it easier for you to use the website(s) when making return visits.
- Please note, if you do not provide us with some or all of the personal information we require (or the information you supply is materially incorrect or false) then it may not be possible for us to deal with you or continue to deal with you for the purposes listed above. In some cases (e.g. in relation to an account giving website access), supply of incomplete or incorrect information may lead to reduced functionality and/or restricted access to facilities that we provide (or may provide in the future).
Collection of non-personally identifiable information
- TVSN may, at any time, utilise advertising and marketing analytics collection services to collect information about user habits and use of our digital platforms. This information does not and will not contain, or be used to identify personal information about any individual who browses or utilises any website or function of a website maintained by TVSN. Information that may be collected and stored in the cookie may include your IP address, Internet Service Provider information and usage statistics. This is all other non-personal information that relates purely to generic statistics – whether that be via use of electronic mediums such as website(s) , or through participation statistics in our programs and activities.
- The information or data collected through the use of cookies, a small file saved onto user’s devices to store website preferences and other information, may allow TVSN to identify patterns or other analytical information from that data. Those patterns may be used by TVSN or third parties on any of TVSN’s website(s) to tailor advertising and marketing however this information will never include personal information collected from you via other means.
- TVSN may use cookies saved to your device/s by TVSN’s website(s), information relating to your usage will be stored and may be accessed by other website(s) also utilising Google Analytics.
- You may opt-out from the use of cookies at any time by visiting Google’s Ads Settings, or by changing the security settings on your browser. Note that disabling or otherwise blocking the use of cookies may inhibit your use of certain website(s) and features operated by TVSN. TVSN will not collect phone numbers, email addresses, credit card or other financial information or any other sensitive or personally identifiable information through these means. Any personal information collected by TVSN under other areas of this Policy will not be used for remarketing purposes in connection with non-personally identifiable information without your express consent.
Use or Disclosure
- Unless we obtain your further recorded consent, we will:
- only use or disclose your personal information for the purposes permitted or required by applicable law and otherwise in accordance with this Policy, and
- not allow third parties to hold, use or disclose personal information we collect from you except for purposes permitted or required by applicable law and otherwise in accordance with this Policy.
Restriction on sale, rental or transfer
- We will not sell, rent or otherwise transfer your personal information to a third party except where:
- such sale, rental or other transfer is part of a larger transaction affecting us (e.g. sale of the business, sale of shares, company group reorganisation, etc.);
- the information sold, rented or transferred has been anonymised or otherwise de-identified (such that it is no longer personal information); or
- the sale, rental or other transfer is covered by one of the limited and specific exceptions set out below or is listed within this Policy.
Our representatives and Service Providers
- We utilise a number of individuals to carry out business functions and activities on our behalf including not only employees but also contractors, sub-contractors, agents and commercial representatives expressly affiliated to us (all collectively being representatives). All of these representatives and service providers comply with this policy.
- Our technical service providers are obliged to respect your privacy and confidentiality and comply with our Policy.
- You consent to our disclosure of your personal information to our representatives other than our employees, and to the use and disclosure of your personal information by such representatives when it becomes necessary to enable them to carry out business functions and activities on our behalf.
- Our external technical service providers (e.g. Google) provide us with ICT-related services and products and are obliged to respect your privacy and confidentiality and comply with our Privacy Policy. To the extent that our technical service providers hold, use or disclose your personal information in connection with providing their services to us, you consent to such use and disclosure and our disclosure to them of your personal information.
- In addition to our technical service suppliers, we use a number of other service providers to support business functions and activities, including couriers and suppliers. These service providers are obliged to respect your privacy and confidentiality and comply with our Policy. To the extent that our other service providers hold, use or disclose your personal information in connection with providing their services to us, you consent to such use and disclosure and our disclosure to them of your personal information.
Direct Group Pty Ltd
- Although we have our own software and platforms Direct Group Pty Ltd (DG Group PL), the DG group parent company, provides TVSN with the ICT hardware (including virtualisation) and network infrastructure that we use to operate our software and platforms.
- Except where there are specific technical reasons for it (e.g. testing and maintenance), DG Group PL will not normally have access to your personal information. However, you consent to our disclosure of your personal information to DG Group PL and to the use, disclosure and storage of your personal information by DG Group PL, when necessary to conduct its functions and activities as our parent company and/or to provide ICT infrastructure to us.
DG companies other than Direct Group Pty Ltd
- Our software, software platforms and records systems are separate from those of other DG companies and, we will not disclose your personal information to other DG companies other than DG Group PL except where:
- the information in question has been anonymised or otherwise de-identified (such that it is no longer personal information); or
- the nature of your dealings with TVSN is such that you may reasonably expect us to disclose your personal information to other DG companies;
- you consent to our disclosure of your personal information to other DG companies.
- Only to the extent of the limited exceptions set out above, you consent to our disclosure of your personal information to DG companies excluding DG Group PL and to their holding, using or disclosing your personal information.
Business affiliates
- In addition to our representatives and service providers, we have commercial arrangements with a number of industry partners and other reputable business affiliates.
- Our business affiliates are obliged to respect your privacy and confidentiality and comply with our Policy.
- We will not disclose your personal information to our business affiliates except where:
- the information in question has been anonymised or otherwise de-identified (such that it is no longer personal information); or
- the nature of your dealings with TVSN is such that you may reasonably expect us to disclose your personal information to our business affiliates;
- you consent to our disclosure of your personal information to our business affiliates.
- Only to the extent of the limited exceptions set out above, you consent to the disclosure by us of your personal information to our business affiliates and to their holding, using or disclosing your personal information.
Overseas use or disclosure
- A number of our service providers and business affiliates are located overseas including the United States, the United Kingdom, the Philippines, New Zealand (in so far as Australian residents are concerned) and Australia (in so far as New Zealand residents are concerned).
- To the extent that applicable law requires your consent to our transfer of your personal information to our service providers and business affiliates overseas, you consent to such transfer and to subsequent use and disclosure of your personal information by our overseas service providers and overseas business affiliates when necessary for them to provide their services and honour their commercial arrangements with us respectively.
- (NZ) In addition to the business operations of our service providers and business affiliates being overseas, we ourselves are principally located overseas, being based in Australia.
- To the extent that applicable law requires your consent to overseas transfer of your personal information to us, you consent to such transfer and subsequent use or disclosure by us consistent with this Policy and with applicable law.
Required or authorised collection, use or disclosure
- If collection, use or disclosure of your personal information is required or authorised by law or by order of a court or tribunal, we will inform you of that requirement or permission with details (unless the law or order requires otherwise).
Direct Marketing
- TVSN and related DG companies all strictly comply with all requirements under the Spam Act 2003 (Cth) and the Unsolicited Electronic Messages Act 2007 (NZ). This includes providing you the ability to unsubscribe from our messages, the process is described in this Policy.
- We are an organisation that engages in direct marketing and therefore you may reasonably expect us to use your personal information for that purpose.
- After we collect your personal information from you, we may continue to use or disclose that personal information for the purpose of direct marketing to you for so long as we have not received an ‘opt out’ request from you.
- If we collect your personal information from a third party, we may continue to use or disclose that personal information for the purpose of direct marketing to you, subject to your consent to do so unless it is impracticable to obtain such consent, for so long as we have not received an ‘opt out’ request from you. We will ensure that each direct marketing communication with you draws your attention to your ability to make an opt out request.
- You can unsubscribe or opt out of marketing messages by:
- using the unsubscribe facility in any email or SMS you receive from us; or
- updating the communications preferences in your account under “My Membership” on our website; or
- contacting us and letting us know what communications you no longer want to receive.
- You may also request that we:
- not use or disclose your personal information for the purpose of facilitating direct marketing by third parties and
- identify the source of the personal information we hold about you.
- If you wish to request:
- to ‘opt out’ from receiving direct marketing communications from us; or
- that we do not provide your personal information to third parties for the purpose of facilitating direct marketing; or
- that we tell you where we sourced your personal information,
- then advise us of your request:
Australia
• by email to comments@tvsn.com.au
• by post to
TVSN Channel Pty Ltd
Locked Bag 5012
FRENCHS FOREST NSW 2086 AUSTRALIA
New Zealand
• by email to comments@tvsn.com.au
• by post to
PO Box 106438
Auckland Post
Auckland 1143 NEW ZEALAND - If we receive a request from you about (a) and (b) in paragraph 17.6 above, we will action your request within a reasonable period. If we receive a request from you about 17.6 (c) above, we will notify you of the source within a reasonable period unless it is impracticable or unreasonable to so.
- Regardless of whether you unsubscribe from any or all commercial electronic messages, you will still receive information we are required by law to provide to you, including but not limited to transactional communications like delivery and security notifications, order confirmations and other non-marketing related essential communications.
Management Quality and Security of Personal Information
- We will take all reasonable measures to make sure that any personal information about you that we collect, hold, use or disclose is accurate, up-to-date and complete. If you are (or become) aware of any personal information that we hold about you that is not is accurate, up-to-date and complete, please let us know as soon as possible:
- by email to comments@tvsn.com.au
- by post to
TVSN Channel Pty Ltd
Locked Bag 5012
FRENCHS FOREST NSW 2086
- Should you wish to know more about what information we hold about you including making changes to, or requesting the deletion of information that we hold about you, you can make such a request by emailing and we will respond within a reasonable period..
- Please note that we may need to exclude certain information as part of your request, e.g. in order to protect the privacy of other individuals or if we are permitted to exclude the information for legal or other reasons.
- We will take all reasonable measures (including application of industry standards and industry best practice where possible) to protect your personal information from misuse, interference and loss, unauthorised access, unauthorised modification and unauthorised disclosure.
Access to your Personal Information
- When requesting access to your personal information you will be required to identify yourself prior to any such request being processed. We will respond within a reasonable period and provide you with the information in the manner you request if it is reasonable and practicable to do so.
- Please note that where the request is frivolous or vexatious, the request would have an unreasonable impact on the privacy of others or would be unreasonably costly we will charge you for the request for access. In all other instances we will not charge you for the request.
- TVSN will not supply access to personal information if supplying the personal information would breach an applicable law (or under a court or tribunal order).
- If we refuse to provide access to your personal information, we will issue a written notice that sets out the reasons for our refusal, the mechanisms to complain about our refusal and any other matters prescribed by applicable law. In relevant circumstances, we will consider providing an alternative means of access to your personal information to the refused means of access.
- If you wish to seek access to your personal information, please contact us:
- by email to comments@tvsn.com.au
- by post to
TVSN Channel Pty Ltd
Locked Bag 5012
FRENCHS FOREST NSW 2086 AUSTRALIA
- Where practicable upon a valid request from you, we will provide your personal data as collected by us in a structured, commonly used and machine-readable format and assist with transferring the personal data directly to another entity.
Correction of Personal Information
- It is your responsibility to keep your personal information updated. We will take reasonable steps to correct your personal information to ensure that, having regard to the purpose(s) for which it is held, such information is accurate, up-to-date, complete, relevant and not misleading.
- We may also correct your personal information upon request and you will be required to identify yourself prior to any such request being processed. Depending on the nature and extent of the personal information being amended you may be requested to make such requests in writing to:
- by email to comments@tvsn.com.au
- by post to
TVSN Channel Pty Ltd
Locked Bag 5012
FRENCHS FOREST NSW 2086 AUSTRALIA
- If you make such a request we will respond within a reasonable period.
- If we correct your personal information and you request us to notify third parties to whom we have disclosed such information, we will take reasonable steps (if any) to give that notification unless it is impracticable or unlawful to do so.
- If you request us to associate with your personal information a statement that the information is inaccurate, incomplete, irrelevant or misleading, we will take reasonable steps to associate the statement apparent to users of the information. If you make such a request, we will respond within a reasonable period.
- We will not charge you for making a request for correction to your personal information, for correcting your personal information or associating a statement with your personal information that it is inaccurate, irrelevant or misleading.
Restricting, Removing, Deleting or Destroying Personal Information
- We normally seek to remove, delete or destroy personal information from our records as soon it is no longer required. However, there may be circumstances where such removal, deletion or destruction is either delayed or not possible, including (but not limited to), in the case of our electronic record systems, in relation to backup, archival and general record-keeping processes. If, for technical or other reasons, it is not possible to remove, delete or destroy personal information, we will put such information beyond use (e.g. in the case of our electronic record system, by marking an account inactive, by locking a record or by similar technical means) and we will not access it again unless either we are subsequently requested to do so by you or we are required or permitted to access it by applicable law.
- We will restrict the processing or use of your personal data upon a valid request from you where:
- you dispute the accuracy of your personal data as collected by us, until such time that we can reasonably verify the accuracy of such data;
- your personal data has been used or processed unlawfully;
- we no longer need to use or are processing your personal data; or
- you have objected to the use or processing of your personal data, until such time that we can verify in accordance with the relevant laws that our legitimate grounds to continue using or processing your personal data override your grounds for objection.
Miscellaneous
Your dealings with us- Because it makes it impracticable for us to carry out many of our core business functions and activities, you cannot normally deal with us anonymously or under another name (pseudonymously). However, if and where dealing with us anonymously or pseudonymously is practicable in respect of particular matters we will make that option available.
- If in the course of communications with us or our representatives, you provide unsolicited personal information, we will review that information. If, upon review, that unsolicited information is relevant to our business functions or activities, we may hold, use or disclose that personal information consistently with your reason for disclosing it.
- (AUS) Please note that we do not seek to collect from you health information or other sensitive information as defined by Australian Law. However, if unsolicited personal information provided by you also includes health information or other sensitive information as defined by Australian Law, you consent to us holding, using or disclosing such health information or other sensitive personal information consistently with your reason for disclosing it (for example, resolving a customer complaint).
- (NZ) We will apply the same principles as above to the same kinds of personal information of New Zealand residents.
- Sometimes in the course of our commercial communications (e.g. communication of written testimonials, product conversations, product-related tweets or similar), we may partially identify an individual by reference to part of that individual’s name and an area (e.g. suburb, region or state). To the extent that such information might identify you as an individual, you nevertheless consent to us holding, using or disclosing your personal information in that way.
Making a Complaint (Privacy Related)
- If you wish to make a complaint with regard to a possible breach of this Policy or the Australian Privacy Principles, please contact:
Privacy Officer
TVSN Channel Pty Ltd
Locked Bag 5012
FRENCHS FOREST NSW 2086 AUSTRALIA - For complaints regarding handling of your other requests or enquiries in relation to this policy, please contact:
Privacy Officer
TVSN Channel Pty Ltd
Locked Bag 5012
FRENCHS FOREST NSW 2086 AUSTRALIA
What happens to my complaint?
-
- When we receive your complaint we will contact you when reasonably practicable to let you know that we have received it.
- We will use reasonable endeavours to investigate your complaint and aim to resolve it. We may contact you for further information.
- We will write to you and let you know the outcome. We will use reasonable endeavours to resolve your complaint within 30 days however some complaints are more complex and take longer. We will keep you informed if this is the case.
- If for some reason we cannot resolve your complaint we will write to you and let you know
- (AUS) If we are unable to resolve your complaint, you may contact the Office of the Australian Information Commissioner (OAIC).
OAIC website: http://www.oaic.gov.au
OAIC telephone: 1300 363 992
OAIC postal addresses: GPO Box 2999, Canberra, ACT 2601 or GPO Box 5218, Sydney NSW 2001 AUSTRALIA
- (NZ) If we are unable to resolve your complaint, you may contact the Office of the New Zealand Information Commissioner (NZIC).
NZIC website: https://www.privacy.org.nz
NZIC telephone: 0800 803 909
NZIC postal addresses: PO Box 10 094, The Terrace, Wellington 6143 NEW ZEALAND
Reminder – Helping Us to Help You
While we will do what we can to make sure that your personal information is accurate, up-to-date and complete, we do need your help. If your personal information changes (e.g. because of a change of name, address or credit card provider), please contact us to let us know what those changes are.
Policy Changes
Please note that this Policy may change from time to time to take into account new laws and technology, changes to our operations and practices, and the changing business environment.
We will make available the current version of our Policy, with a date and version notice, via our website(s) and, upon request, in other forms.
If you do not accept this Policy as varied, we will no longer be able to accept or process orders from you or otherwise deal with you.
If you place an order with us at or after any variation under this Policy, you acknowledge and understand that you are giving consent in relation under this Policy as changed, regardless of any alteration to the scope and nature which you enjoyed or may have enjoyed under any previous version under this Policy.
