Privacy Policy

1. Collecting your information

It is necessary for us to collect information about you in accordance with the Privacy Act 1988 (Privacy Act) for the purposes of billing you, assessing and controlling credit risk including collecting unpaid accounts, operating the Services and to comply with our obligations under the:

1. Telecommunications Act 1997;
2. Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015; and
3. Integrated Public Number Database (IPND).

The IPND is an industry-wide database of phone numbers used to publish public number directories, provide directory assistance, operate emergency call Services and safeguard national security.

2. How we obtain your information

We obtain your personal information directly from you when you:

1. complete an order form or complete other standard forms such as requesting additions, moves, or changes to your Services;
2. email us;
3. provide personal information in your agreement with us or application for Services;
4. pay your bill;
5. subscribe to our Services;
6. purchase a product from our website; or
7. meet with us in person

And we collect information when you:

1. contact our call centres; or
2. use our networks, products and services

For example; we may collect your call records or internet usage, collect wireless device locations from our networks and your equipment or use cookies and other technologies to identify your unique web browser.

From outside sources such as:

1. our partners, contractors, suppliers, agents and employees;
2. credit reporting agencies;
3. identity and fraud checking services;
4. commercially available personal, identity, geographic and demographic information;
5. social media platforms such as Twitter and Facebook;
6. marketing lists, databases and data aggregation services;
7. websites or websites hosted or operated by our contractors, suppliers or agents; and
8. public information, (including public posts to social networking sites).

 

3. Information held by us

Information held by us may include:

1. personal information supplied to the DVS such as; your name, sex, date of birth, driver’s licence number, Medicare card number, Passport number, address (and previous two addresses), telephone or mobile telephone number, email address, occupation and name of employer. We also hold details of your MOVOX services including usernames and passwords;
2. banking and Credit information for payments and billing, such as ABNs, ACNs, Credit history information, debit or credit card information, and bank account details;
3. information supplied to the IPND such as your name, phone number, address and service location. If you have a silent line, your number will not be published in public number directories or be disclosed by directory assistants, even though it must be provided to the IPND to satisfy our legal obligations;
4. internet Protocol (IP) addresses as part of providing Internet services, Internet session management and for security purposes; and
5. anonymous information obtained when you visit our websites such as the time, date and the web pages you visited. We may use website ‘cookies’ to remember your preferences.

 

4. How we hold your information

1. we use a range of security controls and internal processes to help us protect your information from unauthorised access and disclosure;
2. your information may be held in electronic or hard copy format and kept it in a secure storage facility hosted by our service providers;
3. information electronically stored is encrypted and stored in stored in secure server infrastructure hosted in our data centers which meet global security standards.

 

5. Use of your personal information

Your personal information may be used to:

1. verify your identity;
2. assist you to subscribe to our Services;
3. provision or connect a service;
4. administer and manage those services, including charging, billing and collecting debts;
5. inform you of ways our Services could be improved;
6. checking your credit worthiness with a credit reporting agency;
7. researching, developing, administering, protecting and improving our Services;
8. gain an understanding of your information and communication needs in order for us to provide you with better service;
9. maintain and develop our business systems and infrastructure, including testing and upgrading of these systems; and
10. keep you informed of our products and Services (by way of direct mail, telemarketing, SMS and email). If you do not wish to receive promotional material you can update your contact preferences by logging into My account on our website.

 

6. Who may access information

Access to information that we collect is available to you (subject to the limitations referred to in the Privacy Act but is otherwise restricted to our staff that need access to it for the purposes of carrying out their duties.

In relation to our provision of our services to you, personal information may also be passed to organisations outside of us such as:

1. carriers or resellers of services or other suppliers to us in connection with provision or support of Services;
2. credit reporting agencies used by us in assessing credit risk or notifying default;
3. law enforcement and national security agencies, and other government and regulatory authorities as required or authorised by law;
4. the Government’s National Document Verification Service to verify the validity of any Government issued documentation you provide as proof of identity;
5. solicitors or debt collection agencies retained by us to collect unpaid accounts;
6. authorised representatives or your legal advisers (e.g……… when requested by you);
7. our professional advisers, including our accountants, auditors and lawyers;
8. organisations who monitor our business efficiency and our advertising and marketing agencies;
9. suppliers who manage our business strategies and statistical information and those involved in managing our corporate risk and funding functions; and
10. our related companies.

In some instances, we may share your information with organisations that may be based outside the location where the information is collected. This includes Australia, Canada, China, Hong Kong, India, Japan, Malaysia, New Zealand, Philippines, the United Kingdom and the United States of America.

We take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

 

7. Keeping information up to date

We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. However, accuracy of that information depends to a large extent on the information you provide.

It is recommended that you:

1. let us know if there are any discrepancies in your personal information; and
2. keep us up-to-date with changes to your personal information such as your name and address.

To change your personal details please log into your ‘my account’ section of our website using your username and password.

You have a right to access your personal information, subject to some exceptions allowed by law. We reserve the right to charge a fee for searching for and providing access to your information.

To access your personal information held by us you will need to submit this request in writing by completing the form located on our Contact page.

 

8. Credit reporting agencies

We may give information about you to credit reporting agencies, for the following purposes:

1. obtain a consumer credit report about you, and/or;
2. allow the credit reporting agencies to create or maintain a credit information file containing information about you.

This information may be given before, during or after the provision of credit to you and is limited to:

1. identity particulars including; your name, sex, date of birth, driver’s licence number, Medicare card number, passport number, address (and previous two addresses), telephone or mobile telephone number, email address, occupation and name of employer;
2. your application for credit or commercial credit – the fact that you have applied for credit and the amount;
3. the fact that we are a current credit provider to you;
4. amounts which are overdue by more than 60 days, and for which the debt collection process has commenced;
5. advice that amounts have been paid or otherwise discharged and are no longer due in respect of any default that has been listed;
6. information that, in our opinion, you have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with your credit obligations); and
7. dishonoured payments drawn by you for $100 or more which have been dishonoured more than once.

 

9. Calling number display

Calling Number Display (CND) lets persons who receive phone calls identify who is calling them by displaying the caller’s number. CND forms part of the Service that you purchase from us.

Unless you have chosen to block your phone number, CND will usually cause your phone number to be displayed on the phone of the person you are calling. When you receive a call, the phone number of that person may be displayed on your phone if that person has not barred CND.

10. Our websites

When you visit our website, our web servers record anonymous information such as the time, date and URL of the request. This information assists us to improve the structure of our websites and monitor their performance.

We may use ‘cookies’ on various websites. Cookies are an industry standard and most major websites use them. A cookie is a small text file that our websites may place on your computer. Usually, cookies are used as a means for our websites to remember your preferences. As such, cookies are designed to improve your experience of our websites.

In some cases, cookies may collect and store personal information about you. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources.

You can adjust your Internet browser to disable cookies are being used. However, if you disable cookies, you may not be able to access certain areas of our websites or take advantage of the improved website experience that cookies offer.

We also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the Internet to uniquely identify them within the global network. Additionally, we collect and manage IP addresses as part of the service of providing Internet session management and for security purposes.

11. Refusing to provide information

We will not enter into an agreement with you unless you agree to the provision and use of your personal information as described in this Privacy Policy.

12. Privacy Policy consent

By entering into your agreement and obtaining the Service you give your consent to the use of your personal information in accordance with this Privacy Policy.

13. Privacy complaints

To notify us of a privacy complaint you have against us please complete the form located on our Contact us page.

We will aim to investigate and resolve your complaint within 7 days. However, in some instances we may need to refer to a third party and require additional time. If more time is required, we will notify you about the delay and advise a new resolution time frame.

You may also be able to lodge a privacy complaint with the Office of the Australian Information Commissioner (OAIC).

 

14. How to contact us

You can contact us by:

1. calling 1800 100 800 between 9.00 am and 5.00 pm (AEST) Monday to Friday; or
2. writing to us by completing and submitting the form on our Contact us page.

 

Glossary

A

“ACIF” means Australian Communications Industry Forum;

“ACMA” means the Australian Communications and Media Authority;

“Additional Charge” means a charge in accordance with our standard rates in effect from time to time;

“Administrator” means a liquidator, provisional liquidator, administrator of a company or deed of arrangement, or receiver and/or manager of an Eligible Company;

“Agreement” means the Agreement between us and the Customer for provision of the Service which Agreement is comprised in the Application and these Customer Terms;

“Application” means the Customer’s online application to us for provision of the Service which sets out the Minimum Term, Service Description, Pricing Plan and details of any charge such as Equipment Charge, any fees such as access fees, administration fees, suspension fees, cancellation fees, late payment fees, payment dishonour fees, reconnection fees or reactivation fees payable by the Customer and any refund or rebate to which a Customer may be entitled;

B

“Billing Period” means the period chosen by us for calculating your monthly Charges from time to time;

“Business Day” means Monday to Friday excluding public holidays in Victoria, Australia.

“Business End User” means any person:

1. to whom a Business Customer asks us to supply the Service directly;
2. to whom a Business Customer (with our prior permission) re-supplies the Service or allows to distribute the Service;
3. who a Business Customer allows to use the Service; or
4. to whom a Business Customer supplies any goods or Services which use or rely on the Service.

C

“Capped Calls” means fixed charge calls as described in Clause 6.2;

“Cancellation Date” means:

1. the date thirty (30) days after the Customer notifies us that the Customer wishes to cancel the Service, unless we agree otherwise;
2. the date at least thirty (30) days after we notify the Customer that we will be cancelling the Service; or
3. as otherwise set out in the Agreement.

“Carriage Service” means a Service for carrying communications of guided or unguided electromagnetic energy. (Telecommunications Act 1997 Sect.7 (Cth))

“Carrier” and “Carriage Service Provider”, Carriers operate telecommunication networks and infrastructure (Carriage Services). Carriage Service Providers use carrier networks to provide Services such as voice and internet Services.

“Charges” means the cost of the Services (whoever the same have been used by) calculated at the rates shown in the relevant Critical Information Summary and Application Form as varied in accordance with these Customer Terms and any GST not included in the quoted price.

“Churn” means to change from having a Service supplied by one carrier or carriage Service provider to having the Service supplied by another carrier or carriage Service provider in the context of ADSL1 or which the losing Service provider or carrier and gaining Service provider or carrier are participants of the Rapid Transfer Facility. In the context of Long-Distance pre-selection for which the losing Service provider or carrier and gaining Service provider or carrier are participants.

“Competition and Consumer Act” means Competition and Consumer Act (2010).

“Consumer Customer” means any Customer who is a person who acquires and uses the Service for personal, domestic or household use only and who complete an application for a Residential Grade Service.

“Critical Information Summary” means an important document that sets out a range of essential information about every product or Service on offer from us.

“CSG” means the Telecommunications (Customer Service Guarantee) Standard 2011;

“Customer” as indicated on the Account Application means the business entity or individual using the Services from time to time;

E

“Eligible Charges” means the amount that you incur by way of Charges in each month for local calls, long distance calls, calls to mobile telephones, international calls, inbound calls to 1800 or 1300 numbers, mobile calls and recurring monthly Internet plan Charges;

“Eligible Customer” means a company that is being wound-up, or has a provisional liquidator acting, or is under administration, or has executed a current deed of company arrangement, or it or its property is subject to receivership and/or external management;

“Equipment” means the goods, Services and training (if any) more particularly described in the quotation and/or Application Form, which are to be supplied by us to the Customer;

“Equipment Charge” means any payment to us for use of Equipment.

“Excess Usage” means the Charges that may be rendered to your account in respect of the Services supplied above the call Charges included in your Tariff plan;

F

“Fair Use Policy” means our Fair Use Policy (as modified from time to time) which may be found at Fair Use Policy;        

“Fixed-Term Agreement” means an Agreement (other than a month to-month Agreement) that has a Minimum Term.

G

“GST” means any value-added or goods and Services tax, withholding tax, charge (and associated penalty or interest), rate, duty or impost imposed by any authority at any time but does not include any taxes on income or capital gains.

“Guarantee” means a Guarantee in writing from one or more guarantors acceptable to us in such form as we require;

I

“Industry Code” means a code published by ACIF from time to time;

“Industry Participant” means the Communications Alliance Limited, and the Telecommunications Industry Ombudsman

“Insolvency Event” means:

1. bankruptcy proceedings are commenced against the Customer, or the Customer is declared bankrupt;
2. any step that is taken to enter into any scheme of arrangement between the Customer and the Customer’s creditors;
3. any step that is taken by a mortgagee to enter into possession or dispose of the whole or any part of the Customer’s assets or business;
4. any step that is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person to the Customer or to the whole or any part of the Customer’s assets or business;
5. the Customer suspends payment of the Customer’s debts generally; or
6. the Customer is, or becomes, unable to pay the Customer’s debts when they are due, or the Customer is, or is presumed to be, insolvent for the purposes of any provision of the Corporations Act 2001 (Cth).

“Installation Date” means the date (if any) specified in the Application Form for the installation of the Equipment for Supply;

“Intellectual Property Rights” means copyright, trade mark, design, patent, semiconductor or circuit layout rights;

“Internet” means the world-wide connection of computer Networks providing for the transmittal of electronic mail, on-line information, retrieval of information and file transfer protocol;

“Intervening Event” is an event outside a Party’s reasonable control which interferes with the operation of the network we use to supply the Service and results in ongoing disruption to the Service. Such an event includes failure of any electrical power supply, failure of air-conditioning or humidity control, electromagnetic interference, fire, storm, flood, earthquake, accident, war, the change or introduction of any law or regulation (including the Telecommunications Legislation) or an act or omission of any third Party or any failure of any Equipment owned or operated by any third Party (including any regulator, any Supplier or any of their Personnel).

L

“Logon ID” means a unique username, password and account designation issued by us to you which allows you to access the Service;

“Loss” means any loss, cost, liability or damage, including reasonable legal costs

M

“Minimum Term” means the period of time for which the Customer has agreed to receive the Service under a Fixed-Term Agreement. The Minimum Term begins on the Service Start Date and runs for the period of time stated on the Application, unless otherwise set out in the Agreement.

“MOVOX” means MOVOX PTY. LTD. ABN. 32 602 123 491

“MOVOX Group Company” means MOVOX and each of its related corporations

“MOVOX’s Normal Business Hours” means the normal hours during which we are open for business, as specified on our website from time to time;

“MOVOX Phone” means a voice Internet telephone that may be purchased from us for use with the Software

“MOVOX’s Service Centre” means the Site designated by us from time to time from which MOVOX can most conveniently and practicably provide Technical Support Services and repairs;

“MOVOX User” means any person or organisation that has a Login ID for use on the Service

“MOVOX website” means the web site at https://movox.com.au;

N

“Network” means any interconnected telecommunications Equipment, facilities, or cabling.

O

“Options” means the Customer Options described on the relevant Critical Information Summary;

“Operating Manuals” means the documentation relevant to instruction in the use of the Equipment for Supply more particularly described in the Application Form;

“Order” means the Application for Services or product purchase completed by the Customer or by us on behalf of the Customer;

P

“Party” means a Party to the Agreement.

“Personal Information” means information about the Customer from which the Customer’s identity is apparent or can reasonably be ascertained. Personal Information includes the Customer’s name, address and other details (including, for example, numbers called, time of call and location of call) and the Customer’s personal or commercial credit rating.

“Personnel” means employees, agents, contractors or other representatives and, in the case of us, includes the employees, agents, contractors or other representatives of any MOVOX Group Company.

“Plan Access Fee” means a fixed minimum monthly fee paid to access a Tariff plan.

“Premises” means locations:

1. at which we supply the Service, and/or
2. to which we need to have access to supply the Service.

“Pricing Plan” means the Customer Terms and prices of the plan for the Service the Customer has selected in the Application;

“Privacy Policy” means this Privacy Policy available at https://movox.com.au/privacy-policy;

“Phone Subsidy” means a special promotion or offer made by us in connection with the Service, including in relation to a particular Pricing Plan.

Q

“Qualified Referral” means a business which:

1. a participant submits as a referral using our referral submission form at https://movox.com.au/refer;
2. is not a current, pending, or last-30-days Customer of us, based on the date the referral is submitted;
3. is not the participant’s employer;
4. has a personal connection to the participant; and
5. is willing to discuss purchasing a hosted phone system.

R

“Rate Plans” means the individual sheets produced by us containing brief descriptions of rates and other Charges payable and Options available in respect of the various Services packages that it offers to Customers;

“Regulator” or “Regulatory” means the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, or any other relevant government or statutory body or authority.

“Related Corporation” of a company means another company that is related to that entity in any of the ways specified in section 50 of the Corporations Act 2001 (Cth).

“Rental Rate” means the interest rate implicit in this Agreement, as reasonably determined by us;

“Rent Instalment” means the rent instalments specified in the schedule, and comprises rent, and applicable fees, taxes and duties, and without limitation, may include stamp duty and GST;

“Residential Grade Service” means a Service that does not carry a Service level Agreement, or a Guarantee of uptime. (We imply and express no warranties as to its suitability or availability for any purpose. We do not recommend residential grade Services for business needs, or mission critical purposes.).

“Residual Value” means the value of the goods (as determined by us in calculating the rent for the goods), as at the date on which the goods would be returned to us upon this Agreement running its full term;

“Reward Programs” mean the Reward Programs described on the relevant Rate Plans;

“Roaming” means the ability to use the network of overseas mobile carriers when travelling overseas;

S

“Service” means our Service with the Options and features and any related goods (including Equipment) and ancillary Services provided or to be provided by us to the Customer in connection with that Service;

“Service Description” means the part of the Order Form which describes the Service provided or to be provided by us to the Customer;

“Service Start Date” for the Service means the date on which we start supplying that Service to the Customer as will be notified by us to the Customer after acceptance of an Order for the Service;

“Site” means the location for delivery and installation of the Equipment for Supply as specified in the Application Form.

“Standard Terms” means the standard terms set out in these Customer Terms as varied from time to time;

“Small to Medium Business (SMB) Customer” means a Business Customer who is a business or not-for-profit organisation of twenty or less employees with an annual turnover under $3,000,000 that does not operate from the owner’s home that acquires and uses the Service for business purposes other than resale, and who complete an application for a SMB Service.

“Small to Medium Business (SMB) Service” means a Service that is does not carry a Service level Agreement, or a Guarantee of uptime that is provided by us to explicitly to SMB Customers. (We imply and express no warranties as to its suitability or availability for any purpose. We do noy recommend residential grade Services for business needs, or mission critical purposes.)

“SMS” means text messages sent on the short messaging Service via your computer or mobile telephone Service;

“Software” means the Internet and or telephone Software and associated materials licensed (or sub-licensed) by us to you.

“Successful referral” means a qualified referral which:

1. purchases our Services no more than 12 months after the referral was submitted; and
2. keeps current with payments for 90 days after the start of billing.

“Supplier” means any Supplier of goods or Services (including interconnection Services) which are used directly or indirectly by us to supply the Service to the Customer.

T

“Technical Support” means telephone or on-site support Services;

“Telecommunications Industry Ombudsman” means the ombudsman established under the Telecommunications (Consumer Protection and Service Standards) Act 1999;

“Telecommunications Legislation” means the Telecommunications Act 1997 (Cth), the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) and Part XIB, Part XIC and related provision of the Competition and Consumer Act (2010).

“Term” means any minimum period stated in the Critical Information Summary related to the associated Service plan;

U

“Unusually High Use” means high usage of the Service on a short-term basis that is not consistent with a Customer’s normal pattern of use, or a sustained high usage which exceeds the general average usage of Customers on a similar Pricing Plan or who have accepted a similar Special Offer.

W

“Warranty Period” means the period (if any) specified in the Application Form; and

Y

“you” and derivations from that word are references to the Customer and references to

“your Agreement” are references to the Agreement between us and the Customer.