Privacy Policy

Introduction

In the course of Viva Energy Australia’s business in Australia, there may be circumstances where Viva Energy collects personal information and the Viva Energy Australia Privacy Policy has been developed to ensure that such information is handled appropriately.

Viva Energy is committed to complying with the Privacy Act 1988 in relation to all personal information it collects. This commitment is demonstrated in this Policy. The Privacy Act incorporates the Australian Privacy Principles, and personal information held by Viva Energy will be treated in accordance with those Principles.

This Policy sets out the broad controls which Viva Energy has adopted to govern the way it collects and uses personal information, the circumstances in which it might disclose personal information to third parties, how persons can access their personal information held by Viva Energy and what they can do if they are unhappy with Viva Energy’s treatment of their personal information.

We may make changes to this Privacy Policy from time to time without notice, via the uploading of an updated version of the Privacy Policy on www.vivaenergy.com.au.

In this Policy, “Viva Energy” refers to Viva Energy Australia Group Ltd (ACN 004 400 220) and each of its related bodies corporate, including Viva Energy Australia Pty Ltd (ACN 004 610 459) and Viva Energy Refining Pty Ltd (ACN 004 303 842).

Who does the Viva Energy Australia Privacy Policy apply to?

This Policy applies to any individuals in respect of whom Viva Energy currently holds, or may in the future collect, personal information.

What information does the Viva Energy Australia Privacy Policy apply to?

This Policy applies to personal information. “Personal information” is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not.

In this Policy there are also references to “sensitive information”. “Sensitive information” is information or an opinion about a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, or health, genetic or bio-metric information. Sensitive information is a subset of personal information.

What information is not personal information?

Information where Viva Energy has removed any reference to a person, so that the person cannot be reasonably identifiable from the information, is not personal information.

Viva Energy may use this information for its own purposes and commercial gain. For example, the fact that x users aged 30-35 have accessed a Viva Energy website is not personal information.

How and when does Viva Energy collect personal information?

Viva Energy collects personal information in a variety of ways in the course of conducting its businesses, including:

• providing goods and services and related information to customers, and administering customer accounts;
• engaging suppliers, contractors and other personnel;
• responding to questions regarding our products and our business;
• interacting with people via our websites and any social media assets including any social media profiles held on third party sites (such as Twitter, or LinkedIn) and any mobile application owned and/or operated by Viva Energy (“Social Media Network”);
• conducting trade promotions and competitions; and
• security video surveillance at Viva Energy sites.

The kinds of personal information collected and held by Viva Energy include (depending on the circumstances) names, addresses and other contact details, details about a person’s work experience and other qualifications, date of birth, driver’s licence details, bank account details, photographs and video footage, and geolocation of the individual.

Where reasonable and practicable, Viva Energy will collect personal information directly from the person and inform the person that this is being done.

However in some circumstances, it is necessary for Viva Energy to collect personal information through third party service providers or agents (e.g. customer information received from operators of service stations), from a source of publicly available information (e.g. a telephone book) or from an employer (e.g. where a contractor provides personal information about its staff) or from third parties with respect to geolocating services to better target offers and promotions to you where you have agreed to receive such offers and/or promotions.

At or soon after the time when Viva Energy collects personal information, Viva Energy will take reasonable steps to ensure that the person is aware of which Viva Energy company has undertaken the collection, the purpose(s) of the collection, the main consequences (if any) if the information is not collected, the types of organisation (if any) to which the information may be disclosed (including those located overseas), any law that required the particular information to be collected, and the fact that this Privacy Policy contains details on access, correction and complaints.

Personal information collected by Viva Energy is held in a variety of formats, including hard copy format and on Viva Energy’s computer systems.

If Viva Energy receives personal information that Viva Energy has not requested (unsolicited information) and Viva Energy determines that Viva Energy could not have collected that information under the Australian Privacy Principles if Viva Energy had requested it, then Viva Energy will destroy or de-identify the information if it is lawful and reasonable to do so.

Where practicable, you may deal with Viva Energy anonymously or by pseudonym. However, membership to any Social Media Network, promotion and/or loyalty program may not be anonymous as Viva Energy and its contractors will require your identification to manage and provide you with your membership, promotion, loyalty program and the offers and services flowing from those programs.

Collection of sensitive information

Viva Energy will not collect sensitive information unless the person to whom it relates consents to the collection and the information is reasonably necessary for one or more of Viva Energy’s functions or activities, except where the collection is required or authorised by law, is necessary to prevent or lessen a serious and imminent threat to the person’s (or another person’s) life or health or is necessary in relation to legal proceedings (current, anticipated or potential), or another permitted exception in the Privacy Act applies.

How does Viva Energy use personal information?

The use to which we can put personal information depends on the reason for which it was collected.

Viva Energy may use personal information for its primary purpose of collection (e.g. the delivery of goods to the person) or for any related secondary purpose that we could reasonably be expected to use the personal information for. Viva Energy may also from time to time use personal information for promotional or direct marketing purposes. However, a person may at any time request Viva Energy not to use their personal information for sending direct marketing material to that person. Such a request can be made by contacting Viva Energy either in writing, by email or by telephone at the contact details below. There is no fee for making such a request.

Disclosure of personal information

Viva Energy respects the privacy of personal information and we will take reasonable steps to keep it strictly confidential.

Viva Energy will disclose personal information to third parties if it is necessary for the primary purpose of collecting the information, or for a related secondary purpose, if the disclosure could be reasonably expected (e.g. disclosure to a delivery contractor for the purpose of delivering goods ordered from Viva Energy). Where such a disclosure is necessary, Viva Energy will require that the third party undertake to treat the personal information in accordance with the Australian Privacy Principles.

Personal Information disclosed by you as part of the registration or dealings with respect to any membership, promotion, offer or loyalty program will be disclosed to Viva Energy’s contractor(s) or co-promoter(s) in order for you to receive the benefit, offer, loyalty program and/or membership to which you have subscribed. Where there is a co-promoter the co-promoter will be disclosed to you and your personal information will be dealt with by the co-promotor in accordance with their privacy policy as well as by Viva Energy under this Viva Energy privacy policy. Contractors will be used to facilitate our services to you (which includes the services under any Social Media Network), provide the service on our behalf, perform service- related services and /or tin assisting us to analyse how our services are used. These services may from time to time include storage of data (eg by Google), collation of data and categorisation of data and/or processing and analysing data .

Otherwise, Viva Energy will only disclose personal information to third parties without the consent of the person to whom it relates if the disclosure is:

(a) necessary to protect or enforce Viva Energy’s legal rights or interests or to defend any claims;
(b) necessary to prevent or lessen a serious threat to a person’s health or safety;
(c) required or authorised by law; or
(d) permitted by another exception in the Privacy Act.

Under no circumstances will Viva Energy sell personal information without the consent of the person to whom it relates.

An individual Viva Energy company may disclose personal information to a related Viva Energy company or associated entity in Australia or overseas, subject to the provisions of the Privacy Act. In such circumstances, the related company or associated entity will only use the personal information for the same purposes that the disclosing Viva Energy company is authorised to use the personal information for.

In accordance with the principles set out in this Policy, as part of its normal operations Viva Energy transfers personal information to Viva Energy companies, associated entities and third parties located in a range of countries in which Viva Energy or its contractors operate. The main countries to which Viva Energy transfers personal information include the United Kingdom, the Netherlands, Malaysia, the Philippines, Japan and the United States of America.

Information Security

Viva Energy will take all reasonable steps to ensure that all personal information held by Viva Energy is secure from any unauthorised access or disclosure. However, Viva Energy does not guarantee that personal information cannot be accessed by an unauthorised person (e.g. a hacker) or that unauthorised disclosures will not occur.

Viva Energy will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes for which Viva Energy is authorised to use it.

Accessing personal information

A person may request to access personal information about them held by Viva Energy. Such a request must be made in writing to the address below.

Viva Energy will grant a person access to their personal information as soon as possible, subject to the circumstances of the request.

A request to access personal information will be rejected if:

(a) the request is frivolous or vexatious;
(b) providing access would have an unreasonable impact on the privacy of another person;
(c) providing access would pose a serious and imminent threat to the life or health of any person;
(d) providing access would prejudice Viva Energy’s legal rights; or
(e) there are other legal grounds to deny the request.

Viva Energy may charge a fee for reasonable costs incurred in giving access to an individual’s personal information. The fee (if any) will be disclosed prior to it being levied.

Correcting personal information

Viva Energy will take reasonable steps to ensure the accuracy and completeness of the personal information we hold. However, if a person believes that any personal information that we hold about them is inaccurate or out of date, then they should contact Viva Energy in writing at the address below.

Complaints

If a person wishes to complain about a breach by Viva Energy of the Viva Energy Australia Privacy Policy, the Australian Privacy Principles, the Credit Reporting Privacy Code or a registered APP Code which binds Viva Energy (if any), a complaint may be lodged in writing by post or by email to the address set out in “Contact Viva Energy Australia” below.

Viva Energy deals with complaints via our internal data privacy complaint process, under which a Viva Energy contact officer will be allocated to assess your complaint and respond to you within a reasonable timeframe. Viva Energy takes all complaints seriously and any further action after our initial response to you will vary depending on the nature of your complaint.

Additional information regarding Credit Information

This Privacy Policy also applies in relation to Viva Energy’s collection and use of credit information of individuals, in connection with commercial credit provided by Viva Energy.

The types of credit information that Viva Energy collects and uses for the purpose of assessing an application for commercial credit and administering a commercial account include:

• names, addresses and other contact details of account holders and guarantors (both prospective and current);
• bank account details;
• driver’s licence details;
• financial information;
• information on the assets held by an individual.

Such information is collected from the relevant individual and from credit reporting bodies, as well as from publicly available information. Viva Energy uses the information collected to create an internal credit assessment report.

Viva Energy does not disclose credit information to credit reporting bodies, except for an individual’s identity in order to obtain a credit report from the credit reporting body.

We use the term “cookies” to refer to cookies and other similar technologies covered by the EU Directive on privacy in electronic communications.

• What is a cookie? Cookies are small data files that your browser places on your computer or device to help websites to remember things that a browser/user had done such as which buttons were clicked. This may include information such as your devices’ Internet Protocol. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. When a server uses a web browser to read cookies they can help a website deliver a more user-friendly service. To protect your privacy, your browser only gives a website access to the cookies it has already sent to you.
• Why do we use cookies? We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting our website. Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Cookies also allow you to rate pages and fill in comment forms. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer. A visit to a Viva Energy Social Media Network site may generate session cookies and/or google analytics cookies. Session cookies store information about activities on a page which would allow you to pick up where you left off on a page. Whereas, Google Analytics generate anonymous analytic cookies which enable Viva Energy to track how many individual unique visitors we have to our site.
• How are third party cookies used? For some of the functions within our websites we use third party suppliers, for example, when you visit a page with videos embedded from or links to YouTube. These videos or links (and any other content from third party suppliers) may contain third party cookies and you may wish to consult the policies of these third party websites for information regarding their use of cookies.
• How do I reject and delete cookies? We will not use cookies to collect personally identifiable information about you. However, should you wish to do so, you can choose to reject or block the cookies set by Viva Energy or the websites of any third party suppliers by changing your browser settings – see the Help function within your browser for further details. Please note that most browsers automatically accept cookies so if you do not wish cookies to be used you may need to actively delete or block the cookies.

You can also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. For information on the use of cookies in mobile phone browsers and for details on how to reject or delete such cookies, please refer to your handset manual.

Note, however, that if you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly.

Contact Viva Energy Australia

If there are any questions regarding the Viva Energy Australia Privacy Policy or the way that Viva Energy manages personal information or if there are any concerns about Viva Energy’s treatment of personal information, then Viva Energy may be contacted by post, telephone or email:

Viva Energy Australia Privacy Officer
PO Box 872K
Melbourne VIC 3001
Telephone: 13 16 18
Email us via our online form