• Privacy Policy

Go to: Nexgen Complaints Policy

Go to: Nexgen Fair Use Policy

Go to: Nexgen Privacy Policy Statement

Nexgen Complaints Policy

Introduction

As a customer orientated organisation dedicated to the satisfaction of its customers, Nexgen Australia Group Pty Ltd Trading as Nexgen Australia – ABN 24 606 252 484 has a Complaints Policy so as to ensure all complaints are handled as efficiently and effectively as possible. The following outlines our policy and procedures for the handling of verbal and written complaints. This Policy is compliant with the ACIF Industry Code on Complaint Handling.

Our Responsibilities

  • Nexgen will provide an efficient, fair and structured mechanism for handling complaints.
  • To provide our customers with access to the complaints handling process, including those customers with disabilities and special needs.
  • Nexgen will keep customers informed as to the progress of their complaint and the expected timeframe for resolution.
  • We will regularly review our complaints so that we can improve our standard of customer service.
  • Whilst an investigation into a matter is taking place, we will not demand payment of genuinely disputed amounts.

Handling Your Complaint

  • Upon receiving a verbal or written complaint, we will acknowledge your matter via telephone or in writing within 5 business days.
  • We will keep you informed of the progress of your complaint, proposed actions and the expected timeframe for resolution.
  • This Privacy Policy describes the practices and processes NexGen has in place to properly manage and

safeguard information it receives in connection with its functions and activities.

  • Our aim is to resolve complaints in a timely manner and we will generally resolve a matter within 30 calendar days.
  • Complex complaints may take longer than 30 calendar days to resolve. In these cases, we will regularly update you on the progress and likely timeframe for resolution.
  • We will advise you of the outcome of your complaint. Where you have requested us to do so, we will advise you in writing.
  • If we think your complaint requires a charge, we will not impose one without discussion with you.
  • If your complaint is upheld in your favour, and we have charged you complaint handling fees, we will refund you the full amount of the fees charged within 30 days.
  • If your complaint is upheld in your favour, and we have charged you complaint handling fees, we will refund you the full amount if the fees charged within 30 days.

Steps in Lodging a Complaint

Step One

If you have a complaint regarding any aspect of your account or dealings with Nexgen, we urge you to telephone Customer Service in the first instance on 1300 02 04 02. Our Consultant will give you their name so you know with whom you are speaking.

Our objective is to resolve the vast majority of enquiries or complaints during your first contact with us. You will be charged at a local rate. If you prefer to put your complaint in writing, we will respond to your letter by telephone and will confirm any details in writing if you request us to do so.

Step Two

Should you not be satisfied with the response tendered to you, you may ask for your complaint to be escalated to the next level of Management or to the Customer Operations Disputes team. You can forward correspondence to:

Customer Operations Disputes Team

Nexgen Australia Group Pty Ltd Trading as Nexgen Australia – ABN 24 606 252 484

Level 2, 460 Church Street North Parramatta NSW 2150

Alternatively, you can email your matter to them at support@nexgen.com.au

Step Three

Complaints made to Nexgen are overseen by the Compliance Group. This area is committed to supporting the above areas and carrying out reviews of policy and process. The Compliance Group will attend to matters that have not been resolved within the complaints process. If you are not satisfied with the response tendered to you, you may ask the Customer Operations Disputes team to escalate your complaint to the Compliance Group. Senior Management empowers our Case Managers in making decisions for matters referred to them.

Step Four

If your complaint is not resolved to your satisfaction by Nexgen and depending on the nature of your complaint you may refer your complaint to the following outside bodies:

The Telecommunications Industry Ombudsman (“TIO”) is an independent and free alternate dispute resolution scheme for residential and small business consumers in respect of disputes over which the TIO has jurisdiction. The TIO views itself as an office of last resort. To lodge a complaint with the TIO you can call 1800 062 058 or write to:

TIO

PO Box 276

Collins Street West

MELBOURNE VIC 8007

The Office of the Federal Privacy Commissioner (“OFPC”) can assist you with all matters related to privacy. To lodge a complaint with the OFPC you can call 1300 363 992 or write to:

Director, Compliance

Office of the Privacy Commissioner

GPO Box 5218

SYDNEY NSW 2001

ƒ For certain telecommunications and trade practices issues, you may lodge a complaint to:

How to contact Nexgen to report a fault

Please call us on 1300 721 100 to report a fault with your Standard Telephone Service

More information can be found via the ACMA at http://www.acma.gov.au

If you would like to make a claim for a CSG payment that was not automatically applied by Nexgen toyour account, you can call our Customer Service team on 1300 02 04 02.

Nexgen Fair Use Policy

Summary

  • Nexgen Australia Group Pty Ltd Trading as nexgen Australia – ABN 24 606 252 484 will be referred to as Nexgen throughout the rest of this document.
  • Our Fair Use Policy applies to Services which are stated to be subject to the Fair Use Policy (“Fair Use Services”)
  • Our Fair Use Policy is intended to ensure:
    • the availability of Our Services to all eligible Nexgen Customers; and
    • that the Fair Use Services are not used in an unreasonable manner.
  • We reserve the right to vary the terms of this Fair Use Policy from time to time.
  • We may rely on the Fair Use Policy where Your usage of the Fair Use Services is unreasonable, as defined below.
  • Unless otherwise indicated, capitalised terms used in this Fair Use Policy have the meanings given to them in Our Agreement with You.

Unreasonable Use

  • It is unreasonable use of a Fair Use Service where Your use of the service is reasonably considered by Nexgen to:
    • be fraudulent;
    • involve a non-ordinary use;
    • cause significant network congestion, disruption or otherwise adversely affect the Nexgen network, a supplier’s network; or
    • adversely affect another person’s use of or access to the Fair Use Services, the Nexgen network or a supplier’s network.
  • Without limitation:
    • Fraudulent use includes resupplying or reselling a Service without Nexgen’s written consent so that someone else may access, use or commercially exploit a Fair Use Service;
    • Non-ordinary use includes circumstances where You make or receive calls and/or make use of the internet on Our network in any non-ordinary manner without obtaining Our written consent first, which consent We may give or withhold, or make subject to conditions, in Our discretion. Use in a non-ordinary manner includes:
  • in the case of fixed line services:
    • usage for running a telemarketing business or call centre; an
    • usage with handsets, auto-dialler devices or software or other equipment that have not been approved by Us for use on Our Network;
  • in the case of mobile services, any use of a SIM in a SIM box, GSM gateway or any device that is used to automatically re-route calls;
  • usage to menace, harass or injure any person or damage anything;
  • usage in connection with an infringement or committing an offence against any law, standard or code; or
  • any other activity which would not be reasonably regarded as ordinary use in relation to the Fair Use Service.

Our Rights

  • If We reasonably consider Your use of the Fair Use Services is unreasonable, We may, at Our sole discretion, without telling You before We do so:
    • suspend or limit the Service (or any feature of it) in accordance with Our Agreement with You; and/or
    • terminate the Service in accordance with Our Agreement with You.
    • This policy is supplementary to and does not limit any of Nexgen ‘s rights.
  • We reserve the right to vary the terms of this Fair Use Policy from time to time.
  • We may rely on the Fair Use Policy where Your usage of the Fair Use Services is unreasonable, as defined below.
  • Unless otherwise indicated, capitalised terms used in this Fair Use Policy have the meanings given to them in Our Agreement with You.

Nexgen Privacy Policy Statement

  • 1. About this Document
    • 1.1 This document (“Privacy Policy”) sets out the policy of Nexgen Australia Group Pty Ltd Trading As Nexgen Australia – ABN 24 606 252 484 in respect of the treatment of your Personal Information or your affairs or personal particulars.
  • 2. Interaction with Telecommunications Act 1997 (Cth)
    • 2.1 Nexgen is a Carriage Service Provider and is subject to obligations set out in the Telecommunications Act 1997 (Cth)
    • 2.2 To the extent that any of your Personal Information is also information of the kind referred to section 276 of the Telecommunications Act 1997 (Cth) (in particular, information that relates to your affairs or personal particulars) Nexgen will not use or disclose that information unless permitted by the Telecommunications Act 1997 (Cth) and the Privacy Act 1988 (Cth).
  • 3. Dictionary
    • 3.1 To assist in the understanding of this Privacy Policy, the following capitalized words in this Privacy Policy have the following meanings:
      Carriage Services has the meaning given to that term in the Telecommunications Act 1997 (Cth).
      Carriage Service Provider has the meaning given to that term in the Telecommunications Act 1997 (Cth).
      Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
      Related Body Corporate has the meaning given to that term in the Privacy Act 1988 (Cth).
      Sensitive Information has the meaning given to that term in the Privacy Act 1988 (Cth).
      and includes information as to race, political opinion, religious believes, sexual preferences and membership of a professional or trade association.
  • 4. Collection
    • 4.1 1 Nexgen will collect Personal Information from you if that Personal Information is necessary for one or more of Nexgen’s functions or activities.
    • 4.2 Personal Information is predominantly collected so that Nexgen can supply Carriage Services to you (or contact you in respect of a proposed supply of Carriage Services) and perform ancillary and incidental functions. This includes:
      • customer service;
      • complaints handling;
      • billing; and
      • promoting our special offers as well as offers from our Related Bodies Corporate, suppliers and/or affiliated third parties.
    • 4.3 Nexgen may collect Personal Information using several different methods. For example, Personal Information may be collected by Nexgen:
      • directly from you by telephone, email or by completing a form (e.g. Nexgen may be provided with Personal Information on a customer application form, during contractual negotiations, during voice verification etc.); or
      • from third parties such as our Related Bodies Corporate, credit reporting agencies or your representatives; or
      • from information in the public domain – however if it is reasonable and practicable to do so, we will only collected Personal Information about you directly from you.
    • 4.4 Nexgen will take reasonable steps to ensure that you are aware at the time of collection (if practicable):
      • that Nexgen is collecting the Personal Information and as to how to contact Nexgen (if this is not obvious to you);
      • that you may gain access to the Personal Information (see paragraph 9 below);
      • the purpose for which the Personal Information is collected (this may be referring you to this Privacy Policy); done by
      • of the organisations (or types of organisations) to which Nexgen usually discloses Personal Information (this may be done by referring you to this Privacy Policy);
      • of any law that requires the Personal Information to be collected (for example, for compliance with the laws relating to the Integrated Public Number Database); and
      • of the consequences (if any) of Nexgen not collecting the Personal Information (typically, this will be an inability to supply Carriage Services to you).
    • 4.5 If it is not practicable for Nexgen to take reasonable steps to ma e you aware of the matters set out in paragraph 4.4 at the time of collection, Nexgen will do so as soon as practicable after collection.
  • 5. Use and Disclosure
    • 5.1 Nexgen will generally only use Personal Information for the primary purpose for which it was collected (for example, Personal Information set out in a customer application form is collected for Nexgen). the primary purpose of facilitating the supply of Carriage Services by
    • 5.2 However, Nexgen may use or disclose Personal Information for a secondary purpose in the following circumstances:
      Reasonable Expectation
    • 5.3 Nexgen may use or disclose Personal Information for a secondary purpose if:
      • the secondary purpose is related to (or if the Personal Information is Information, directly related to) the primary purpose of collection; and Sensitive
      • you would reasonably expect Nexgen use or disclose the Personal Information for that purpose.
    • 5.4 For example, Nexgen considers that if you are a customer, you would reasonably expect Nexgen to disclose or use your Personal Information to:
      • its printing and mailing house to print and dispatch correspondence and communications to you or
      • notify the customer of special offers or promotions from Nexgen, its Related Bodies Corporate, suppliers and/or affiliated third parties; or
      • ask you to participate in a customer satisfaction survey; or
      • to its dealers, sub-contractors and agents to enable them to perform certain functions on behalf of Nexgen.
  • Consent
    • 5.5 5 Nexgen may use or disclose Personal Information for a secondary purpose if you provide your express consent or consent can be implied.
    • 5.6 Nexgen may seek your consent on an application form for services, during the voice contracting stage of your application or in some other way.
  • Direct Marketing
    • 5.7 Nexgen may use or disclose Personal Information for the secondary purpose of direct marketing.
    • 5.8 Unless paragraphs 5.3 to 5.6 allow Nexgen to otherwise use Personal Information for direct marketing, Nexgen will only use Personal Information for direct marketing to you if:
      • it is not Sensitive Information;
      • it is impracticable for Nexgen to seek your consent before that particular use;
      • Nexgen will not charge you for giving effect to a request by you to not receive direct marketing communications;
      • you have not made a request to Nexgen not to receive direct marketing communications;
      • in each direct marketing communication with you, Nexgen draws to your attention, or prominently displays a notice, that you may express a wish not to receive any further direct marketing communications; and
      • each written direct marketing communication by Nexgen with you sets out Nexgen’s business address and telephone number and, if the communication is made by fax, telex or other electronic means, a number or address at which Nexgen can be directly contacted electronically.
    • 5.9 To avoid doubt, Nexgen will also comply with the Spam Act 2001 (Cth) and Do Not Call Register Act 2006 (Cth) in circumstances of direct marketing to you.
  • Life, Health and Safety
    • 5.10 Nexgen may use or disclose Personal Information if Nexgen reasonably believes that it is necessary to lessen or prevent:
      • a serious and imminent threat to an individual’s life, health or safety; or
      • a serious threat to public health or public safety.
  • Unlawful Activity
    • 5.11 Nexgen may use or disclose Personal Information if Nexgen has reason to suspect that unlawful activity has been, is being, or may be engaged in. However, Nexgen’s use or disclosure will be limited to that which is a necessary part of Nexgen’s investigation into the matter or in reporting Nexgen’s concerns to relevant persons or authorities.
  • Permitted by Law
    • 5.12 Nexgen may use or disclose Personal Information if Nexgen is permitted by law to do so. For example, Nexgen may disclose your Personal Information pursuant to:
      • a law enforcement request;
      • ccourt order or subpoena; or
      • its interception obligations.
  • Disclosure to Enforcement Body
    • 5.13 Nexgen may use or disclose Personal Information if Nexgen is permitted by law to do so. For example, Nexgen may disclose your Personal Information pursuant to an enforcement body (for example, the Australian Federal Police, ASIC, ACCC, police force etc.) if Nexgen believes that it is reasonably necessary for:
      • the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
      • the enforcement of laws relating to the confiscation of the proceeds of crime;
      • the protection of the public revenue;
      • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
      • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
  • 6. Data Quality
    • 6.1 Nexgen will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
    • 6.2 Nexgen will also take reasonable steps to make sure that the Personal Information collected, used or disclosed is accurate, complete and current.
  • 7. Data Security
    • 7.1 Nexgen will take reasonable steps to protect the Personal Information it holds from misuse and loss and from unauthorised access, modification or disclosure. It will generally do so by:
      • restricting or limiting the access to Personal Information to those of its employees, agents or contractors who have a ‘need to know’;
      • removing access from employees, agents or contractors who no longer work for or with Nexgen or no longer have a ‘need to know’;
      • reviewing and resetting passwords which provide access to Personal Information with reasonable frequency; and
      • implement enhanced security access features to prevent unauthorised access, use or disclosure.
    • 7.2 Nexgen will take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose for which the Personal Information may be used or disclosed.
  • 8. Openness
    • 8.1 The Nexgen website will contain a prominently displayed link to this Privacy Statement.
    • 8.2 Nexgen will refer any person to this Privacy Statement if that person requests information on Nexgen’s policy on the management of Personal Information.
    • 8.3 On request by a person, Nexgen will take reasonable steps to let the person know, in general terms, what sort of Personal Information is held and the reasons for which that Personal Information is generally collected. Nexgen will also provide information, in general terms, in respect of how Nexgen holds, uses and discloses that Personal Information.
  • 9. Access and Correction
    • 9.1 1 If Nexgen holds your Personal Information, Nexgen will provide you with access on request to that Personal Information, in particular, so that you can verify the Personal Information is accurate, complete and current. If the Personal Information is not accurate, complete or current, Nexgen will take reasonable steps to remedy the inaccurate, incomplete or outdated Personal Information.
    • 9.2 However, Nexgen will not provide you with access to the extent that:
      • providing access would pose a serious and imminent threat to the life or health of any person; or
      • providing access would have an unreasonable impact upon the privacy of any other person; or
      • the request for access is frivolous or vexatious; or
      • the Personal Information relates to existing or anticipated legal proceedings between Nexgen and yourself, and the Personal Information would not be accessible by the process of discovery in those proceedings; or
      • providing access would reveal Nexgen’s intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
      • providing access would be unlawful; or
      • denying access is required or authorised by or under law; or
      • providing access activity; or would be likely to prejudice an investigation of possible unlawful
      • providing access would be likely to prejudice:
        • the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
        • the enforcement of laws relating to the confiscation of the proceeds of crime; or a prescribed law; or
        • the protection of the public revenue; or
        • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
        • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or
      • an enforcement body performing a lawful security function asks Nexgen not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
    • 9.3 Additionally, if providing access would reveal evaluative information generated within Nexgen in connection with a commercially sensitive decision-making process, Nexgen may give you an explanation for the commercially sensitive decision rather than direct access to the information.
    • 9.4 Nexgen reserves the right to charge a fee for searching for and providing access to your Personal Information (except if any other law prohibits Nexgen from charging a fee). In any event,
  • 10. Anonymous Transactions
    • 10.1 Nexgen will allow its customers to transact with it anonymously wherever that is reasonable and practicable.
  • 11. Transferring Personal Information Overseas11.1 Nexgen may transfer Personal Information outside of Australia where Nexgen considers that it is necessary or desirable to do so. However, Nexgen will not transfer your Personal Information outside of Australia unless any of the following circumstances exist:
      • Nexgen reasonably believes that the recipient of the Personal Information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles contained in the Privacy Act 1988 (Cth); or
      • you consent to the transfer; or
      • the transfer is necessary for the performance of a contract between Nexgen and yourself, or for the implementation of pre-contractual measures taken in response to the your request; or
      • the transfer is necessary for the conclusion or performance of a contract concluded in your interest between the Nexgen and a third party; or
      • all of the following apply:
        • the transfer is for your benefit;
        • it is impracticable to obtain your consent to that transfer;
        • if it were practicable to obtain your consent, you would be likely to give it; or
      • Nexgen has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles contained in the Privacy Act 1988 (Cth).

Privacy laws that apply to NexGen

Nexgen is required to comply with the Privacy Act 1988 (Cth) and is bound by the Australian Privacy Principles (‘APPs’) set out in that Act. The APPs establish minimum standards for the collection, use, disclosure and handling of personal information. They apply to personal information in any form, including electronic and digital form. The APPs can be accessed at the website of the office of the Australian Information Commissioner: www.privacy.gov.au.

NexGen is also subject to other laws relating to the protection of personal information. If NexGen engages in direct marketing activities, NexGen’s direct marketing activities may also need to comply with the Do Not Call Register Act 2006 (Cth) and the Spam Act 2010 (Cth).

In this Privacy Policy, unless the context otherwise requires:

  • ‘Privacy Law’ refers to any legislative or other legal requirement that applies to NexGen’s collection, use, disclosure or handling of personal information.
  • ‘Personal information’ means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not. Personal information includes sensitive information.
  • ‘Sensitive information’ means personal information about an individual’s racial or ethnic origin, political opinions or memberships, religious beliefs or affiliations, philosophical beliefs, professional or trade association/union memberships, sexual preferences and practices or criminal record.

Why does NexGen collect personal information?

NexGen collects personal information in order to, amongst other things:

  • receive, review and respond to queries from its stakeholders;
  • providing services to its stakeholders.
  • market and promote the products and services of its subsidiaries to current and prospective customers of its subsidiaries; and
  • comply with our legal obligations, including under the Corporations Act 2001 (Cth). NexGen needs to be able to collect personal information for most of its corporate activities, although the information we require depends on the particular circumstances. If we are unable to collect the personal information we need, we may be unable to meet the expectations of our Stakeholders or provide the services they wish to receive.

Whose personal information does NexGen collect?

NexGen may in rare circumstances collect personal information from people who are under the
age of 18. If NexGen does this, NexGen may also collect personal information about the parent or
guardian of that person.

NexGen also collects personal information about all the individuals who are involved in the performance by NexGen of its functions and activities. This includes:

  • staff of NexGen and its subsidiaries; and
  • service providers and suppliers, agents and affiliates, and their staff.

Can you deal with NexGen without identifying yourself?

In some limited situations individuals may be able to deal with NexGen anonymously or using a pseudonym. However, if you do not wish to be identified we may not be able to provide the information or assistance you require.

What personal information does NexGen usually collect?

NexGen seeks at all times to ensure that it only collects the personal information that is necessary for the purposes of its functions and activities.

How does NexGen collect personal information?

We collect personal information by various means and via various media, depending on the particular business context. We may collect this information:

  • through NexGen’s website, including where you submit inquiries. NexGen receives unsolicited personal information from time to time. In accordance with its obligations under Privacy Law, NexGen will decide whether it would have been permitted to solicit and collect that information and if it would not have been, will destroy or de-identify the information (provided it is lawful to do so).

What information will NexGen give you when it collects personal information?

NexGen is required by Privacy Law to take reasonable steps to ensure that you are made aware
of certain information when it collects personal information about you. For example, we are
required to:

  • tell you how to contact NexGen;
  • make sure you are aware that we have collected the information (if we collect it from a third party without your knowledge);
  • identify any law that authorises or requires collection of the information;
  • let you know the purposes for which we collect the information, the entities that the information is likely to be disclosed to and whether the information will be transferred outside Australia; and
  • tell you how to access our Privacy Policy and complaint handling procedures. This Privacy Policy sets out this information in general terms. However, where we collect personal information in relation to a particular issue or matter, and the information we are required by the APPs to provide to you in respect of the collection is not likely to be obvious from the circumstances, we usually provide the required information in a ‘collection statement’.

The way we do this will depend on how you are dealing with us. For example:

  • When personal information is collected via the NexGen website, a statement is displayed or a link provided to a statement that sets out the information we are required to provide to you in respect of the collection.
  • When you deal with us on the telephone, this information is given to you by the operator or via a recorded message.
    If we collect personal information about you from a third party, we take reasonable steps to ensure you receive the information we are required to provide. However, we may do this by requiring the third party to provide the information, rather than us providing the information to you directly.

NexGen ‘s use and disclosure of personal information

Where Nexgen collects personal information for a particular purpose, it may use and disclose the information for that purpose or another purpose that is related to that purpose (or that is directly related to that purpose in the case of sensitive information). Direct marketing communications may be sent via post and e-mail

  • NexGen will not use sensitive information for direct marketing purposes without your consent
  • Unless you have provided consent, or we think it is impracticable to obtain your consent, NexGen will not use your personal information for direct marketing purposes where we have obtained the personal information from a third party, or we have collected it directly from you but believe that you would not reasonably expect the information to be used for direct marketing.
  • Whenever we communicate with you for direct marketing purposes, we will give you the opportunity to opt out of receiving further direct marketing communications from Nexgen.
  • You may opt out of receiving direct marketing communications from Nexgen at any time by contacting us at support@nexgen.com.au or calling 1300 063 943.
  • If we use your personal information to facilitate direct marketing by our subsidiaries, you can ask us to provide the source of the information by contacting us at support@nexgen.com.au or calling 1300 063 943.

Personal information about analysts, journalists and service providers (and their employees, contractors and agents) is used and may be disclosed for the purpose of responding to inquiries and generally managing the relationship with such persons.NexGen may disclose personal information occasionally.

For example, depending on the circumstances, NexGen may disclose information as set out below:

  • To its subsidiaries or other persons where you have expressed an interest in acquiring the products or services of the subsidiary or other person.
  • To Telecommunication Industry Ombudsman regarding an enquiry.

Personal information may also be disclosed to third party agents and service providers who Nexgen engages to assist in the performance of its functions and activities. These include:

  • organisations that process banking and billing transactions;
  • printers, mail distributors, couriers and dispatch centres;
  • IT service providers and data managers; and
  • legal, accounting, insurance and business advisory consultants services

NexGen may also disclose personal information without consent as authorised by privacy law for a range of other purposes, including:

  • where necessary to prevent or lessen a serious threat to health or safety;
  • for law enforcement or crime prevention purposes;
  • for the investigation of unlawful activity;
  • for location of missing persons;
  • for use in legal proceedings or dispute resolution. In situations other than those described above, NexGen will not disclose personal information without the customer’s consent (although consent may be implied).

Is personal information disclosed outside Australia?

NexGen may, in limited circumstances, disclose some personal information to persons or organisations that are outside Australia.

  • The customer service and marketing call centre operations of Nexgen’s subsidiaries are based overseas. If you have expressed an interest in receiving the products or services of Nexgen’s subsidiaries, the overseas based staff of Nexgen’s subsidiaries may receive your personal information for the purpose of sales and marketing, customer service, correspondence, provisioning, fault management and technical support activities. The Privacy Policy of Nexgen’s relevant subsidiary specifies the policy of Nexgen’s subsidiary in respect of the collection, use and disclosure of your personal information.
  • Database and webhosting services provided to Nexgen may involve personal information being transferred to IT service providers based in India, Philippines, Singapore, New Zealand, the United Kingdom, Canada and the United States of America.

How does NexGen protect your personal information?

Nexgen recognises the importance of protecting your personal information and of ensuring that it is complete, accurate, up-to-date and relevant. While some of the personal information we collect is held in hardcopy form, most personal information is stored in electronic databases.

We have extensive processes in place to ensure that our information systems and files are kept secure from unauthorised access and interference. These include:

  • System access is controlled by logins and different security levels. Access requests must be supported by a request from the Directors.
  • Access authorisation is layered and access authorisations are specific to the job function of each staff member.
  • Our employees undergo privacy and information security training on induction and are required to sign acknowledgements of their obligations in relation information security and appropriate use of our IT systems.

Can you access or correct personal information Nexgen holds about you?

You have a right to access personal information we hold about you. If your request is particularly complex or requires detailed searching of our records, there may be a cost to you in order for us to provide you with this information. However, we will not charge you if we are not permitted by law to charge you and if we are allowed to charge you, we will not charge you more than we are permitted by law to charge you.

If you believe there are errors in the information we hold about you, you have a right to ask us to correct the information.

However, we are not required to provide access where we believe doing so would:

  • prejudice law enforcement or crime prevention activities;
  • pose a serious threat to health or safety;
  • have an unreasonable impact on the privacy of other individuals;
  • prejudice Nexgen in legal proceedings or negotiations with you;
  • reveal information connected with a commercially sensitive decision making process; or
  • be contrary to law.

If you wish to have access to information Nexgen holds about you, you should contact support@nexgen.com.au/p>

Dealing with Nexgen on-line

This Privacy Policy also applies to personal information that you email to us, provide by using our website or provide via social media sites.

We store the Internet Protocol (IP) address of your computer when you visit our site. This information is used only to create broad demographic summaries of where our users come from. Our use of these IP addresses, however, does not go so far as to identify the actual users of the site.

We collect personal information about the other websites that are visited by computers that are used to visit our site. This information may be aggregated to provide us with information about the types of webpages and websites, or particular webpages and websites, visited by computers that use our site.

Our website may use cookies and web-beacons. While cookies and web beacons can be used to statistically monitor and analyse the use of our site and to identify information about the computer used to visit our site, we do not use them for that purpose and will not attempt to use them to identify or target individual visitors to our website.

Note that this privacy policy does not apply to, and Nexgen is not responsible for, the use of, or the protection of information provided to, other websites linked to this website.

Complaints and further information

If you believe your privacy has been interfered with and wish to make a complaint, please contact our Privacy Officer. The Privacy Officer will investigate your complaint and notify you of the outcome.

If it appears from your complaint that there has been an interference with privacy by a person other than Nexgen, the Privacy Officer may discuss the complaint with that person in an attempt to resolve it.

If you are dissatisfied with the outcome of your complaint, or you do not receive a response to your complaint within 30 days, you may make a complaint to the Office of the Australian Information Commissioner (OAIC). Complaints to the OAIC must be made in writing. Where possible, complaints to the OAIC should be made through the online Privacy Complaint form, available at www.oaic.gov.au/privacy/making-a-privacy-complaint.

If you would like further information on this Privacy Policy or if you have any concerns over the protection of your personal information, please contact

Attn: Privacy Officer

Email: support@nexgen.com.au

Address: PO BOX 2267 North Parramatta NSW 1750

ABN 24 606 252 484 

Our Privacy Policy and Credit Reporting Privacy Policy

1. Privacy at Nexgen – Our Privacy Policy and Credit Reporting Privacy Policy
Background
This Policy explains:

  • The kinds of personal information (including credit-related information) we collect, and the purposes for which we do that;
  • how we manage the personal information that we collect about you;
  • how you can seek access to and correction of that information;
  • if necessary, how you can make a complaint relating to our handling of that information.

This policy is not limited to current customers or guarantors of customers (where applicable) – it relates to other individuals who deal with us, whether in relation to the provision of credit or otherwise.
1. Information we may collect

Personal information

We will collect certain information about you depending on the circumstances in which the product or service is being provided. This information can include:

  • key personal information such as your name, residential and business addresses, telephone numbers, email and other electronic addresses,
  • key personal information such as your name, residential and business addresses, telephone numbers, email and other electronic addresses,
  • your transaction history (with us and our associates or relevant third parties). This information includes products you may have used with us in the past, your payment history, and the capacity in which you have dealt or deal with us;
  • other relevant information – depending on the circumstances this may also include health and medical information (eg if it is relevant to a hardship request), membership of professional bodies, tax file number information (other government identifiers (eg if relevant to identifying you).
    2. Personal information that relates to credit
    In the event that we need to collect information about you in relation to credit matters, this can include:
  • information such as account numbers or customer identifier numbers;
  • credit application history with us and other credit providers, such as the type of credit you applied for, the amount of credit you have applied for, the start and end date of relevant credit;
  • repayment history information, such as and whether you owe any payments to us or another credit provider (regardless of the capacity in which that credit was provided) that are overdue by 60 days;
  • credit ratings, scores and evaluations about you and your credit worthiness;
  • Court proceedings information about you. This is information about a judgment of an Australian court that is made against you that relates to credit that was provided to, or applied for, by you, such as whether you have been declared bankrupt or have been subject to insolvency;
  • whether we have accessed your credit information previously;
  • default information about you. This is information about a payment owed by you as a borrower or guarantor in connection with consumer credit that remains overdue for more than 60 days and which we can disclose to a credit reporting body if certain requirements under the Privacy Act are met;
  • payment information about you. Payment information is a statement that an overdue payment in relation to which default information was provided to a credit reporting body has been paid;
  • new arrangement information about you. This is information about you having entered into certain types of arrangements with us in relation to consumer credit where you have been overdue in making a payment and we have provided default information to a credit reporting body. New arrangement information is either that the terms of conditions of that consumer credit have been varied as a result of you being overdue or that you have been provided with new credit relating to the original amount of credit;
  • personal insolvency information about you. This is information recorded in the National Personal Insolvency Index and relating to your bankruptcy, a debt agreement proposal given by you, a debt agreement made by you, a personal insolvency agreement executed by you, a direction given, or an order made, under the Bankruptcy Act that relates to your property or an authority signed under the Bankruptcy Act that relates to your property;
  • publicly available information about you:
  • publicly available information about you:
  • that is not court proceedings information about you or information about you that is entered or recorded in the National Personal Insolvency Index;
  • An opinion we have on reasonable grounds that you have committed a serious credit infringement in relation to consumer credit that we have provided to you. A serious credit infringement includes, in summary:
  • that you were fraudulently obtaining (or attempting to obtain) consumer credit; or
  • that you are fraudulently evading (or attempting to evade) your consumer credit obligations; or
  • that you are no longer intending to comply with your consumer credit obligations we have not been able to contact you for 6 months in accordance with the Privacy Act.
    3. Applicability of policy to credit related information

We set out above some of the consumer credit information relating to individuals that we may collect.
The Privacy Act has certain specific rules about two types of consumer credit related information:

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