Privacy Statement

MailGuard is committed to protecting the privacy of its customers’ personal information, and to the responsible use of such information in accordance with relevant laws relating to data privacy and handling. MailGuard has developed this Privacy Policy to explain how we collect, store, use and disclose your data online and across regions.  From time to time, MailGuard will make changes to this policy in accordance with legislative changes and business requirements.

We are governed by the following:

• Privacy Act 1988 (Cth) as amended from time to time
• Privacy Laws – the Privacy Act, including the Australian Privacy Principles in the Privacy Act and all other applicable or similar laws, codes or determinations governing Personal Information.
• General Data Protection Regulation (EU 2016/679) in our dealings with businesses or individuals based in the European Union. This Privacy Policy sets out all information required by GDPR.

Introduction

This statement includes

• our collection statement, explaining aspects of our collection and use of personal information
• our privacy policy, further explaining how we manage personal information.

We will generally ensure that your personal information:

• is processed fairly, openly and in accordance with relevant data protection legislation;
• is processed only in accordance with one or more specified and legitimate purposes as set out in this Privacy Policy or as otherwise notified to you;
• is processed to the minimum extent necessary for those purposes;
• is accurate and up to date;
• is kept for no longer than is necessary for those purposes;
• is protected by appropriate technical and organisational security measures to prevent unauthorised or unlawful processing and accidental loss, destruction or damage.

COLLECTION STATEMENT

Who we are: MailGuard Pty Ltd ACN 096 696 874

Our contact details:

Phone:  +61 03 9694 4444

Email:  support@mailguard.com.au

Web site:  www.mailguard.com.au

Collection from third party sources

We may collect personal information from someone other than you, and you may not be aware of the collection, when it is not reasonable or practicable to collect it from you, and it is available from:

• publicly available sources like phone books
• other companies in our group that you may have dealt with and who are entitled to share that information with us
• third parties who are entitled to share that information with us like our business partners, your authorised representative/s, information brokers, fraud checking agencies, our dealers, contractors and other representatives (such as Managed Service Providers and Resellers) that you may deal with
• our websites and how you use them
• various parties listed under Disclosing personal information in our Privacy Policy.

Collection under law

We may be required to collect personal information by law.

Why we collect and hold personal information

We collect and hold personal information because:

• we need to use it to operate our business including as a provider of web & email security services and related technology
• we need to provide it to other parties in connection with our business.

We will hold personal information for no longer than necessary to achieve the relevant purposes set out in this Privacy Policy.  [We will regularly review personal information for deletion and destruction in accordance with our Data Retention Policy.]

The uses and disclosures we may make of personal information are detailed in our Privacy Policy set out below.

Unavailability of personal information

If we cannot collect and use the information we need about you, we may not be able to supply the products or service you want.

Disclosing personal information

We may disclose personal information as reasonably required to contractors and suppliers whose goods and services we use to operate our business and provide products and support to you, and to other parties detailed in our Privacy Policy. In all circumstances we will use our best efforts to ensure that the parties in question complies with this Privacy Policy and all relevant data protection legislation.  Some of these parties may be based overseas, eg. USA, Asia, the UK and the European Union. 

Access and correction

Our Privacy Policy set out below contains information about how the you can access and seek correction of the personal information about you that we hold.

Complaints

Our Privacy Policy also explains how you can complain about a breach of relevant data protection legislation (including the Australian Privacy Principles and GDPR where appropriate), and how we will deal with such a complaint.

PRIVACY POLICY

Personal information

This refers to information or an opinion about a living person who is identified or reasonably identifiable, whether or not true and whether or not recorded in material form, and includes personal data for the purposes of GDPR.

Kinds of personal information we collect and hold

Broadly, we may collect and hold:

• personal details like name, [date of birth], [gender], and occupation
• contact details like physical addresses, postal addresses, work email addresses and phone numbers
• financial details like bank account, credit card numbers and your billing and payment history with us
• service-related details like your user name, encrypted password and service usage history, support incidents, enquiries and complaints
• other details relating to special circumstances.

In any case, we only collect personal information that is necessary to support our functions and activities.  If we cannot collect the information we need about you, we may not be able to supply the products or service you want fully or at all.

Collecting personal information

Unless it is not reasonable or practicable to do so, and in other cases allowed by law, we will collect personal information about you directly from you (e.g. when you contact us by phone or online, or at our premises).

In other cases, we may collect personal information about you from:

• publicly available sources like phone books and internet sources
• other companies in our group that you may have dealt with and who are entitled to share that information with us
• third parties who are entitled to share that information with us like our business partners, your authorised representative/s, information brokers, fraud checking agencies, our dealers, contractors and other representatives (such as Managed Service Providers and Resellers) that you may deal with
• our websites and how you use them
• various parties listed under Disclosing personal information in our Privacy Policy. 

Holding personal information

We hold personal information in hard and/or soft copy at our offices and in other facilities that we own or license from third parties, like data centres. We implement generally accepted standards of technology and operational security to protect personal information from loss, misuse, or unauthorised alteration or destruction.  We will notify you as required by data protection legislation in the event of any breach of your personal data which might expose you to serious risk.

Why we collect and hold personal information

We collect and hold personal information because:

• we need to use it to operate our business including as a provider of web & email security services and related technology
• we need to provide it to other parties in connection with our business.

Using personal information

We may use personal information:

• to identify you
• for credit checks
• to prevent fraud
• to supply products (including goods and/or services) to you
• to give you information about us and our products, and product offers
• for direct marketing – see Direct marketing for details
• to improve our products, our marketing and our website
• to answer your enquiries
• to give you customer support and service
• to better understand your needs and respond to them
• to manage and plan our products and business
• to charge and bill you for products you use
• to collect payment from you
• to analyse, maintain and improve the effectiveness, performance and security of our systems
• for other legitimate purposes reasonably related to the operation of our business. 

Disclosing personal information

We may disclose personal information as reasonably required:

• to contractors and suppliers who supply or support us in:
  • market research, sales and marketing
  • direct marketing – see Direct marketing for details
  • identity and fraud checking
  • credit management
  • service provisioning
  • helpdesk and enquiries
  • support and complaint management
  • communications and mailing
  • billing, debt recovery and credit management
  • corporate strategy
  • legal and regulatory advice and compliance
  • accounting and financial planning
  • risk management
  • analysing, maintaining and improving the effectiveness, performance and security of our systems
  • otherwise providing goods and services that we use to operate our business and provide products and support to you

• to your authorised representative/s
• if you ask us to do so
• to third parties in accordance with our legitimate business interests, eg:
  • our referrers, agents, and members of our corporate group
  • to our business partners and wholesale suppliers
  • to organisations that provide credit or finance to us
  • to persons who invest in or acquire all or part of our business or company, or are considering doing so
  • where we are required to do so by law.

In all circumstances we will use our best efforts to ensure that the parties in question complies with this Privacy Policy and all relevant data protection legislation.  Some of these parties may be based overseas e.g. USA, UK, Asia and the European Union.

Direct marketing

We may use and disclose personal information with your consent or in accordance with our legitimate business interests to direct market to you products offered by us, our referrers, agents, and members of our corporate group, and our business partners, where we think the offers will be of interest to you, using:

• post
• email
• electronic messaging
• social media
• targeted web content
• other direct marketing channels.

If at any time you wish to amend your communication preferences or opt-out completely, please do so using the links or contact details set out in each communication to you, or by calling the number in Contacting us below.

Email Data Collection Policy

MailGuard is committed to protecting and respecting your privacy. We'll never share your details and you can unsubscribe at any time. We’ll only use your personal information to administer your account and to provide the products and services you requested from us. From time to time, we would like to contact you about our products and services, as well as other content that may be of interest to you. By completing any online form on our website you consent to us contacting you for this purpose.

Accessing and correcting personal information

Please contact us for these purposes using the details in Contacting us below.  We shall process and respond to your request and there is no charge for making a request (but where Australian Privacy Principle 12 applies, a reasonable administrative charge, on a cost recovery basis, may be payable before we agree to provide access).

In certain circumstances, you may also have the right to have your personal information erased, to restrict how your personal information is processed or to have your personal information transferred to yourself or to another business.

Complaints

If you wish to complain about a breach of the Australian Privacy Principles, GDPR or other relevant data protection legislation please contact us using the details in Contacting us below.  We shall:

• acknowledge your complaint within a reasonable time
• give you an estimated first response time
• allocate your complaint to a suitably senior staff member
• process and respond to your complaint as soon as we reasonably can and in any case within any applicable time limits.

You may also take your complaint directly to the appropriate data protection authority.

Contacting us

Questions, requests and complaints regarding our Privacy Statement or our compliance with privacy laws should be directed to us by telephone on   +61 3 9694 4444 or email to support@mailguard.com.au.