Terms and Conditions
Notice: This document was last updated on 1 March 2011.
We treat the handling of your personal information very seriously. To that end, we have systems and procedures in place to protect your privacy in relation to the handling of your personal information.
We abide by the National Privacy Principles in Australia and the Information Privacy Principles in New Zealand (as applicable), which provide a scheme in relation to the collection, disclosure, use and storage of personal information. Our objective is to handle information responsibly and provide you with some control over the way information about you is handled.
1. Collection of Personal Information
Personal information is information or opinion from which an individual's identity may be ascertained. The personal information collected by us generally comprises an individual's name and contact details (including address, phone and e-mail), and sometimes credit card details and drivers licence details provided by you ("personal information"). Such personal information is collected for the purposes of processing your enquiry in relation to purchasing the TiVo media device, completing commercial transactions with you (when applicable), establishing and providing you with our Services, providing the necessary resources to your TiVo media device, offering you new services when available, offering you the ability to take part in product testing and market research in relation to the TiVo media device when available and contacting you about your use of our Services when necessary.
We do not collect personal information unless we need it to perform one or more of our services, functions and activities. On occasion, some of this personal information may be sensitive and we will only collect it with your consent or when required to by law.
We will destroy personal information when we no longer need it.
We will generally collect personal information from you directly. For example, we may collect personal information when you buy a TiVo product from our website, when you activate the TiVo service or subscribe to our Services on our websites, when we contact you by telephone, for example in relation to the status of your TiVo media device order or delivery or to carry out customer satisfaction surveys or when you enter a competition. For those wanting to work with us or do business with us, we may also collect your personal information in order to process your application or submission.
Sometimes our service providers will collect your personal information on our behalf (for example our website service provider, our remote online scheduling service provider, our TiVo service provider, our distributors and our customer support providers). There may be other occasions when we need to source personal information from an external third party. For example, we may collect personal information from credit card providers if necessary in processing your purchases on our website.
2. Use & Disclosure of Personal Information
Personal information provided to us may be shared between our related companies, where it will be kept strictly confidential and will only be disclosed on a need to know basis, or in other words in relation to your purchase or use of the TiVo media device or use of our Services.
Subject to the exceptions set out below, we generally use and disclose your personal information for the purpose for which the personal information was initially collected. As with most business organisations, we rely on third party suppliers who are contracted to provide their services to us in relation to our Services. As such, your personal information may be disclosed to our third party suppliers, distributors and service providers (including your Internet Service Provider) for the purpose of them performing agreed tasks such as supporting and maintaining our Services-, for billing and collection of amounts payable by you, transport and distribution to your home and for completing commercial transactions. We will make every effort to ensure that those suppliers handle the personal information in accordance with the National Privacy Principles in Australia and the Information Privacy Principles in New Zealand (as applicable) and any other applicable confidentiality principles.
We may also use that personal information for a purpose related to the initial purpose of collection if the other purpose would be within your reasonable expectations, such that we could rely on your implied consent. Related purposes might include internal auditing and administration, or helping us to identify features, services or activities which may be of benefit or interest to you.
Additionally, in the event of a reorganization, merger, sale or substantial transfer of assets, we may transfer any or all your personal information to the relevant third party.
We will not use or disclose your personal information for any unrelated purposes (for example direct marketing) without first obtaining your express consent.
We may however be required to disclose your personal information without your consent if the disclosure is:
a. required or authorised by law;
b. required in order to investigate an unlawful activity;
c. required by an enforcement body for investigative activities; or
d. necessary to prevent a serious and imminent threat to a person's life, health or safety, or to public health or safety.
Generally, we will retain your personal information at our registered offices in Australia and New Zealand (as applicable) and we will not use or disclose it in other overseas countries. However, on some occasions the information may need to be transferred overseas to TiVo Inc in USA in order for TiVo Inc to support one of our functions or activities in relation to the TiVo service. We require TiVo Inc to ensure that your personal information will receive protection similar to that which it would have if the information were in Australia or New Zealand.
3. Direct marketing
With your express consent, from time to time we may use your personal information to identify products and services (both of ours and our related companies and business partners) which may be of interest to you to send you information regarding our products and services, and those available through our business partners. Occasionally we may provide you with the opportunity to elect to receive such offers directly from our business partners, in which case we will disclose your personal information to them so that they can send you information regarding their products and services.
If you initially provide your consent but later decide you do not wish to receive direct marketing information, please let us know. We will take immediate steps to ensure that you do not receive any direct marketing information in future.
4. Personal Information Quality
Our objective is to ensure that all personal information collected by us is accurate, complete and up-to-date. To assist us in achieving this objective, please update your personal information if any of your details change (or if you otherwise believe the information we hold is not accurate, complete or up to date), by going to the "Manage My Account" section of our website. You may request access and correction of any personal information we hold about you in accordance with section 6 below.
5. Personal Information Security
We are committed to keeping your personal information secure, and we will take all reasonable precautions to protect your personal information from unauthorised access, loss, misuse, alteration or disclosure.
Your personal information may be stored in hard copy documents, or electronically on our software or systems.
We maintain physical security over our paper and electronic data stores, such as locks and security systems. We also maintain computer and network security using passwords to control and restrict access to authorised staff for approved purposes.
6. Access to Personal Information
You may request access to the personal information we hold about you.
The procedure for gaining access is as follows:
a. All requests for access to your personal information must be made in writing and addressed to the Privacy Officer at the address specified in section 9 below.
b. You must provide as much detail as possible regarding the business entity, department or person to whom you believe your personal information has been provided, and when. This will allow us to process your request faster.
c. We will acknowledge your request within 14 days, and access will usually be granted within 14 days, or if it is more complicated, 30 days (or such lesser timeframe as may be required by law).
d. You will be asked to verify your identity.
e. A fee may apply to such access in the event that a request for access is onerous or time consuming. Such a fee will cover staff costs involved in locating and collating information, and reproduction costs.
f. Depending on the circumstances, you may be forwarded the information by mail or email, or you may be required to personally inspect your records at the appropriate place.
g. You will be given the opportunity to correct any personal information which is no longer accurate.
In some circumstances, we may not be in a position to provide access. Such circumstances include where:
a. access would create a serious threat to safety;
b. providing access would have an unreasonable impact upon the privacy of other individuals;
c. denying access is required or authorised by law;
d. the request is frivolous;
e. legal proceedings are underway;
f. negotiations may be prejudiced by such access; or
g. access would reveal a commercially sensitive decision making process.
If we deny access to your personal information, we will provide you with reasons in writing.
7. Other Information collected by us
b. To enable us to provide you with the TiVo service, we always have access to non personal account information, via the broadband connection to your Tivo media device. Non personal account information and service information is information (linked to your personal information) about you and your TiVo media device such as the model and Service Number of your TiVo media device ("TiVo Service Number" or "TSN"), your postcode, software version used, media device model that you use and the success status of the last attempted service connection. Without such information, we are unable to provide, support, maintain and upgrade your TiVo service as required from time to time.
c. Your TiVo media device stores your viewing information so that it may recommend viewing choices (including programs, advertisements or promotions that you may be interested in) and personalize your viewing experience. Personally Identifiable Viewing Information is information about the viewing choices that your household makes while using your TiVo media device, and collected by TiVo (and linked with your personal information) on our behalf. You may opt out of receiving recommendations about your viewing choices at any time through the "Messages and Settings" menu on your TiVo media device.
d. Your TiVo media device sends Anonymous Viewing Information to us on an ongoing basis and such information is used to develop reports and analyses about what programs, advertisements and types of programming our users (as a whole or in subgroups) watch etc, as well as to investigate technical issues with our systems. Anonymous Viewing Information is information about viewing choices that your household makes while using your TiVo media device, but is not associated with or linked to any of your personal information. This anonymous information may be shared with third parties for commercial purposes.
e. We also collect some information for quality control and technical trouble shooting purposes. Diagnostic Information consists of log files collected from a small number of randomly sampled TiVo media devices containing detailed information about the operation of your TiVo media device, such as your TiVo Service Number, memory consumption, user interface response time, disk space, enclosure temperature, and enclosure fan speed.
8. Changes to This Policy
We may change this Policy from time to time for any reason and will update the Policy accordingly.
If you believe that your privacy has been infringed you are entitled to complain. All complaints should initially be in writing and directed to the Privacy Officer at the address specified in section 9 below. We will respond to your complaint as soon as possible, within 14 working days, to let you know who is responsible for managing your query. We will try to resolve the complaint within 30 working days. When this is not possible we will contact you to provide an estimate of how long it will take to handle the complaint.
If you believe we have not adequately dealt with your complaint, you may complain to the Office of the Federal Privacy Commissioner in Australia (if you are an Australian resident customer) or the Privacy Commissioner in New Zealand (if you are a New Zealand resident customer). See www.privacy.gov.au or www.privacy.org.nz for the relevant contact details.
10. Privacy Officer's Contact Details
If you are in Australia, please address all written correspondence regarding privacy requests to:
Hybrid Television Services (ANZ) Pty Limited
PO Box 777
Pyrmont NSW 2009
If you are in New Zealand, please address all written correspondence regarding privacy requests to:
Hybrid Television Services (New Zealand) Limited
Auckland New Zealand 1001