Privacy Policy

1.     Introduction

The ABAC Scheme Limited (ABAC) has created this privacy policy to demonstrate our commitment to your privacy. It applies to information collected by The ABAC Scheme ABN: 139 761 130.

The spirit and intent of the guidelines developed by the Australian Privacy Commissioner have been adopted when creating this Privacy Policy.  ABAC respects your privacy and is committed to handling your personal information in a professional and respectful way. The purpose of this Privacy Policy is to tell you about the way in which we collect, use, manage and disclose personal information.

Personal information is that information which is associated with you and capable of identifying you.

2.     Functions of ABAC

ABAC’s functions and activities are detailed on our website and include setting code standards, complaints adjudication and pre-vetting services.

3.     What personal information is collected?

ABAC collects personal information in the course of performing its functions and activities.

The kinds of personal information routinely collected by ABAC include:

  • name
  • contact details including postal address, email, telephone numbers company/organisation details
  • payment, credit card and/or bank account details;
  • a complainants’ age and gender, and
  • a complainants’ opinions about a marketing communication which is the subject of a complaint.

Information you provide to us, for example when making a complaint, submission, general enquiry or assisting us with our inquiries or investigations, or using or requesting our pre-vetting services, may also be your personal information.

In some circumstances, you may provide us with personal information which is ‘sensitive information’. This is a subset of personal information and includes, for example, information or opinion about an individual’s racial or ethnic origin, political opinions, religious beliefs or affiliations, philosophical beliefs and sexual orientation or practices. ABAC will only disclose your sensitive information for the purposes for which you gave it to us, or for directly related purposes you would reasonably expect, or if the Privacy Act allows us to disclose it, or if you agree.

4.     How is personal information collected?

Personal information may be collected through various means, either directly from you or from third parties.

For example, we may collect personal information when you:

  • visit our website
  • subscribe to our email alerts
  • complete an online form
  • send us an email
  • call us
  • send correspondence to our offices, or
  • when a third party sends us your complaint.

5.     Collection of information through the ABAC Scheme website

ABAC collects information about visits to its website. The following information is stored:

  • User's server address.
  • User's operating system. (eg. Apple, Windows etc)
  • User's top level domain name. (eg. .com, .au, .net etc)
  • The date and time of the visit to the site.
  • The pages accessed and the documents downloaded.
  • The referrer site.
  • The type of browser used.

This information is collected for statistical purposes only and no attempt is made by ABAC to identify the user or their search activities.

In the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect the ABAC Scheme's Internet service provider's logs.

6.     How is personal information used and disclosed?

ABAC collects personal information for the primary purpose of fulfilling its functions and activities as detailed on our website and which may include:

  • to process and manage complaints, inquiries or requests
  • to provide our pre-vetting services to you
  • to improve our services, including conducting research and surveys
  • to refer your complaint or inquiry to a relevant body or organisation
  • for statistical and research purposes
  • to obtain professional services, including legal, accounting, information technology or insurance services
  • if permitted or required by law
  • otherwise with your consent, or
  • for purposes directly related to any one or more of the above.

We will not send you unsolicited direct marketing emails, without your prior consent, unless we are permitted to do so by law. We will always give you the option to opt out of further communications.

We store your personal information in secure digital storage facilities and paper-based files, and in other records.  We engage third party service providers to assist in storing and processing certain types of personal information for us.  Some of these service providers may be located overseas.

We take reasonable steps to protect personal information held from misuse and loss and from unauthorised access, modification or disclosure, for example by use of physical security and restricted access to records.

7.     Disclosure to third parties

In the course of our functions and activities and in order to serve you better, we may need to disclose some personal information to relevant third parties, which include: persons or organisations with whom we have agreements; regulators; complaint functions of related organisations that deal with advertising or marketing complaints; contractors; agents; advisors; and service providers.

For example, we may provide de-identified personal information contained in your complaint, such as your State/Territory, to the advertiser concerned, and if required, other relevant third parties, for the purposes of complaint resolution and referral.  ABAC is not likely to disclose personal information to overseas recipients.

In such cases, we use best commercial efforts to ensure that these third parties have a suitable privacy policy and/or will handle the personal information consistent with this policy.

You have the right to request that your name remain confidential at the time of submitting your complaint. If you request that your name remain confidential, we will use best endeavours not to disclose your name to third parties when we discuss or refer your complaint to them. If your complaint is received by post, we will automatically treat your name as confidential.

Final reports prepared by the ABAC Adjudication Panel concerning the determination of complaints are published on the ABAC website. These reports include extracts from the original complaint but will not disclose the complainant’s name or other personal information unless they have consented to the disclosure of that information.

Finally, we never use or share personal information provided to us in ways unrelated to our functions and activities. You can ask to be removed from our marketing/promotional mailing list (or from specific communications) at any time by sending a request to ABAC at the address below (or by following the prompts in the relevant communication, where applicable).

8.     How can I access or correct my personal information?

You may contact ABAC to:

  • request access to personal information held by ABAC and which relates to you; and/or
  • request that personal information held by ABAC and which relates to you be updated.

Requests for accessing and updating personal information should be directed to ABAC at the address below.

ABAC reserves the right to charge a small fee to cover the cost of providing access to personal information.

9.     Option of dealing anonymously or by pseudonym with ABAC

You have the option of not identifying yourself, or of using a pseudonym when engaging with ABAC.  Please note that if you do so, it may impede ABAC’s ability to respond to or action your complaint, pre-vetting application or general enquiry.

10.  How can I make a complaint about the handling of my information?

If you have any questions about privacy or wish to make a complaint about the handling of your personal information by ABAC, please contact us on the details provided below. We take such matters seriously and any complaint will be investigated by us.

11.  Changes to the Privacy Policy

While it is not our intent to change this privacy policy frequently it may be necessary from time to time. Any updated version will be published on our website. Any changes to this privacy policy will become effective when we post the revised privacy policy on the website.

12.  Provision of ABAC’s Privacy Policy

ABAC’s Privacy Policy is available free of charge on its website.  Upon request, ABAC will take reasonable steps to provide a person or body with a copy of its Privacy Policy in the particular form requested.  Please contact us on the details provided below

13.  How to contact us

Should you wish to access or update your personal information, make a complaint or have other questions, requests or concerns in relation to the handling and use of your personal information or about this privacy policy, please contact:

PO Box 519