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.
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).
This Policy applies to any individuals in respect of whom Viva Energy currently holds, or may in the future collect, personal information.
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;
- 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.
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).
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.
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.
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.
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.
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
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. 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.
Contact Viva Energy Australia
Viva Energy Australia Privacy Officer
PO Box 872K
Melbourne VIC 3001
Telephone: 13 16 18
Email us via our online form