Privacy Policy

This is Fetch TV’s privacy policy.

This privacy policy applies to FetchTV Pty Ltd (ABN 36 130 669 500), to its holding company, Media Innovations Pte Ltd and its subsidiaries including FetchTV Content Pty Ltd of Level 5, Lavender Street, Milsons Point, NSW 2061 ("Fetch TV", "we", "our", "us").

This privacy policy explains how we handle personal information and comply with the requirements of the Privacy Act 1988 (Cth) including the Australian Privacy Principles (" Privacy Laws").

Fetch TV recognises the importance of your privacy and that you have a right to control how your personal information is collected and used. If you have any questions about this policy, you can contact us using the contact details set out below.

This policy covers the following areas.

Part 1 What kind of personal information does Fetch TV collect and how?

Part 2 Why does Fetch TV collect, hold, use and disclose personal information? What are the main consequences if personal information is not collected? What are the details of third parties to which personal information usually may be disclosed?

Part 3 How might service providers handle personal information on behalf of Fetch TV?;

Part 4 How does Fetch TV handle user behaviour data?

Part 5 How does Fetch TV use your personal information to market and advertise?

Part 6 How does Fetch TV use cookies and website traffic analysis?;

Part 7 How does Fetch TV handle personal information obtained through our recruitment processes?;

Part 8 How can you access and/or seek correction to the personal information Fetch TV may hold about you?;

Part 9 How does Fetch TV hold your personal information, and what steps do we take to help ensure its security?;

Part 10 Will Fetch TV transfer your personal information overseas, and to which countries?

Part 11 How does Fetch Tv retain personal information?;

Part 12 How does Fetch TV link to third party websites?;

Part 13 How can you contact Fetch TV with any questions or complaints about any breach of the Australian Privacy Principles and how that complaint will be handled?

Part 14 What other information handling practices does Fetch TV have? and

Part 15 How may Fetch TV make changes to this policy?


Part 1. What kind of personal information does Fetch TV collect and how?

We collect and hold personal information from customers (existing and prospective), suppliers, Fetch TV Service Providers, suppliers of content, contractors, shareholders, prospective employees, employees, consumers and other individuals for various business and other purposes further listed below.

The types of personal information Fetch TV may collect and hold may include:

1. contact details (i.e. your name, title, address, postcode, email, phone and facsimile details);

2. the serial number of your Fetch TV set-top-box ("STB");

3. information required for you to use the Fetch TV Service and the Fetch TV websites, including IP addresses;

4. information about the internet service provider (“ISP”) which provides you with the Fetch TV Service;

5. age and other information about personal lifestyle interests or opinions, languages spoken;

6. information required as part of an employee recruitment process;

7. statistical information regarding the use of the Fetch TV websites, including website users' IP addresses and the dates and times of visits;

Fetch TV usually collects such information through:

1. our websites, if for example, you post or input information via questionnaires, contact forms or other sections, including without limitation the website located at www.fetchtv.com.au;

2. your use of the Fetch TV Service, including via the STB;

3. your use of social media/social networking sites such as Facebook and Google+;

4. orders for products and services ;

5. employment applications;

6. our third party service providers;

7. an ISP if you purchased the Fetch TV service through that ISP;

8. requests for information, to join a mailing list or to be contacted for further information about our products or services;

9. our provision of customer service and support;

10. our shareholder registry;

11. response to surveys or research conducted by us or on our behalf;

12. entries into competitions or trade promotions conducted by us or on our behalf..

Where practicable, Fetch TV will collect personal information directly from you. If we receive information about you from someone else (for example from someone who supplies goods or services to us), we will take reasonable steps to ensure you are aware that we have collected personal information about you and the circumstances of the collection.

Further information about how Fetch TV collects and holds your personal information is set out below.

Part 2 Why does Fetch TV collect, hold, use and disclose personal information?

We will only use and disclose your personal information in accordance with Privacy Laws and this Privacy Policy.

Our main purposes in collecting information about you depend on the means by which we collected your information. We have set out our main purposes in sections 2.1 to 2.3 of this policy below by reference to the main ways we collect your personal information.

Please note that if you do not provide Fetch TV with the information we request, we may not be able to fulfil the applicable purposes of collection set out in this policy or explained to you at the time of collection, such as to provide you with access to or full use of sections of the Fetch TV website, to supply products or Fetch Services to you or to assess your application for employment.

Part 2.1 How we use and disclose specific personal information collected via the Fetch TV websites and via the Fetch Service

Fetch TV may use your personal information collected via the Fetch TV website to:

1. provide you with a better Fetch TV Service experience with content and advertising that is more relevant to your interests;

2. improve the Fetch TV Service and our services to you including diagnosing and remedying faults; and

3. ensure that our ISP partners maintain and improve our delivery of our products and services to you,

Fetch TV may sometimes disclose your personal information collected via the Fetch TV website to other organisations, including to our partners, related bodies corporate, third parties who provide services to Fetch TV (including content providers), advisers, ISPs and other entities with whom Fetch TV has a business relationship. For example, we may share personal information that we collect about you via the Fetch TV websites with the relevant ISP from whom you purchased the Fetch TV Service. Such disclosure aims to improve the quality of the Fetch TV Service and to ensure that any concerns you have with the Fetch TV Service are being properly addressed by Fetch TV and your ISP.

We require all third parties to whom we disclose personal information to adhere to strict privacy guidelines and not to keep or use this information for any unauthorised purposes.

Disclosure to your third party Fetch TV Internet Service provider

In addition to personal information you may disclose to Fetch TV, your ISP will obtain other personal information from you when you subscribe to the Fetch Service and they will deal with that personal information in accordance with their own privacy policies. You should carefully read your ISP's privacy policy to understand how it will handle your personal information.

Fetch TV may disclose personal information collected via the Fetch TV Service to the ISP that provides you with the Fetch TV Service for the following purposes:

1. to allow the Fetch TV Service to correctly operate (for example, so that you may purchase movies available on the Fetch Service );

2. to diagnose and remedy faults with the Fetch TV Service or your connection to the Fetch TV Service; and

3. to allow you to subscribe and unsubscribe for different packages of content offered on the Fetch TV Service .

Part 2.2 Other uses and disclosures of your personal information

Fetch TV other main purposes when collecting, holding, using and disclosing your personal information (collected by any means) may include the following:

1. to supply products or services to our customers;

2. to obtain products and services from our suppliers;

3. to respond to enquiries from existing or prospective customers seeking information about our products or services ;

4. to process and assess employment applications;

5. to enforce agreements between you and Fetch TV;

6. to undertake research and surveys and analyse statistical information;

7. to conduct competitions and trade promotions;

8. to comply with legislative and our policy requirements;

9. to provide information to, and respond to queries from, shareholders and our related bodies corporate including as part of a reporting or audit process;

Fetch TV may sometimes disclose your personal information collected to our affiliates, partners, advisers, related bodies corporate, ISPs, and other service providers.

Fetch TV will not otherwise use or disclose any information about you without your consent, unless:

1. the use or disclosure is for one of the purposes described in or otherwise permitted by this policy;

2. the use or disclosure is required or permitted by law;

3. we believe it necessary to provide you with a product or Fetch TV Service which you have requested;

4. we believe it necessary to protect the rights, property or personal safety of another Fetch TV user, any member of the public or Fetch TV; or

5. the assets and operations of Fetch TV's business are transferred to a third party.

part 3. Fetch TV Service Providers

Like many organisations, we use a range of service providers to help us maximise the quality and efficiency of our services and our business operations. This means that individuals and organisations outside of Fetch TV, such as our customer relationship managers or ISPs and mailhouses (including digital mailhouses) and research organisations will sometimes have access to personal information held by us and may use it on behalf of us. We require our service providers to adhere to strict privacy guidelines and not to keep this information or use it for any unauthorised purposes.

Part 4. User Behaviour Data

Fetch TV collects information about how a STB is used including what is being watched and for how long. This information is transmitted automatically from the STB to Fetch TV.

Fetch TV may disclose this information in aggregated, anonymous, statistical form ("User Behaviour Data") to third parties such as suppliers of content to the Fetch TV Service, ISPs, advertisers, advertising agencies, public relations consultants, advertisers and providers of research data.

The purposes of disclosure of User Behaviour Data may include:

1. assisting both Fetch TV and its ISPs to determine what content on the Fetch Service is being watched, in what numbers and at what times of the day or week the usage of Fetch Service is highest;

2. to the extent that the Fetch TV Service includes advertising, assisting both Fetch TV and its advertisers decide which advertisements are most relevant to audience sectors;

3. assisting content providers and prospective content providers to determine which content is most popular in particular audience sectors;

4. assisting with general research and analysis of usage of the Fetch TV Service ;

5. using the data to facilitate the provision of recommendations for viewing of content (for example, specific movies that you might wish to watch),

but in providing such User Behaviour Data to third parties, Fetch TV will not provide any information that identifies you personally to them.

Fetch TV may also disclose your User Behaviour Data to your ISP. Your ISP holds other information about you that will allow them to match the User Behaviour Data to your specific Fetch TV service and then to you personally. You may elect at any time not to have your User Behaviour Data passed to your ISP. You can do this by

1. If you are reading this policy on the Fetch TV Service, by checking the opt out button at the end of this policy, or

2. If you If you are reading this policy on the Fetch TV website, by going to your Fetch TV Service main menu interface and going to Menu>Settings>Policies>Privacy Policy and checking the box instructing Fetch TV not to pass your User Behaviour data to your Fetch TV service provider.

If you do opt out, your use of the Fetch TV Service will be subject to the following limitations:

1. Your ISP may not be able to access diagnostic information to assist with the resolution of technical disruptions to your use of the Fetch TV Service .

2. If your Fetch TV Service includes recommendations, you will be unable to receive recommendations for the viewing of content based upon your past viewing.

PART 5. Marketing and advertising

Fetch TV may send marketing materials to current or prospective customers from time to time. We only do so in accordance with applicable laws or with your prior consent.

You may receive marketing, promotional and advertising material (“Marketing”):

- When you access the Fetch TV Service when that Marketing forms parts of the content or interactive services, or if the advertising has been tailored to your interests;

- When you have viewed the Fetch TV Website or visited social media pages

- After you have provided personal information as part of a promotion, survey or competition and in doing so have also opted in to receive additional marketing material from fetch Tv or it’s partners as described within the opt in.

Your personal information may be used to tailor your experience on the Fetch TV website, including (without limitation) by tailoring the material you see on the Fetch TV website to your interests.

If you are receiving Marketing from us (via emails or direct mail) and do not wish to receive this information any longer, please contact Fetch TV direct at privacy@fetchtv.com.au asking to be removed from our mailing lists, or use the unsubscribe facilities included in our marketing communications.

PART 6. Our use of cookies and website traffic analysis

Cookies are pieces of information that a website transfers to your computer's web browser for record keeping purposes. Most web browsers are set to accept cookies. Fetch TV uses cookies to make your use of our website and services as convenient as possible. Cookies in and of themselves do not personally identify users, although they do identify a user's browser. Cookies are useful to estimate our number of users and determine overall traffic patterns through our website.

If you do not wish to receive any cookies you may set your browser to refuse cookies. This may mean that you will not be able to take full advantage of Fetch TV's services (including without limitation the services made available by way of the Fetch TV website).

Fetch TV also utilises third party website traffic analysis services , including Google Analytics. This enables us to understand more about how you are using the Fetch TV website and the links to third party websites contained on the Fetch TV website.

If you don’t wish to receive targeted advertising from Fetch TV based upon your IP address and your visits to the Fetch TV website, you must set your browser to refuse cookies.

PART 7. Recruitment

If you send Fetch TV an application for employment or to otherwise provide services, the information you disclose in your application will be used to assess your application. This information may be disclosed to related bodies corporate and Fetch TV Service providers for purposes such as:

1. aptitude, psychological and medical testing; and

2. other human resources management activities.

As part of any employment application process you may be asked for your specific consent to the use and disclosure of certain personal information about any pre-employment medical examination or any aptitude or psychological testing. Fetch TV may also ask you to consent to the disclosure of your personal information to those people who you nominated to provide references.

A refusal to provide any of this information, or to consent to its proposed disclosure may affect the success of the application.

You may also be asked whether you agree to your personal information being provided to related bodies corporate of Fetch TV for other positions relevant to your qualifications and experience.

Part 8. Access and accuracy

You have rights under the Australian Privacy Principles to request access to your personal information and to request its correction.

If at any time you want to know exactly what personal information we hold about you, you are welcome to request access to your record, as permitted under the Privacy Laws by emailing us at privacy@fetchtv.com.au. Our file of your information will usually be made available to you as soon as possible and we will endeavour to fulfil your request within 30 days. In responding to a request, we may ask for additional information, such as proof of identity and we may charge a reasonable fee to cover administration costs.

If at any time you wish to change personal information that is inaccurate or out of date, you are welcome to request amendment of your record by contacting us by e-mail at privacy@fetchtv.com.au or via the other contact details set out below. We will usually amend your record within 30 days unless there is some legal reason that does not allow us to do so. If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal reasons.

Part 9. Storage and security of your personal information

Fetch TV will endeavour to take all reasonable steps to keep secure any information we hold about you, and to keep this information accurate and up to date. Your information is stored by us on secure servers that are protected in controlled facilities operated by Fetch TV or its Fetch Service providers. We require our employees and data processors to respect the confidentiality of any personal information held by Fetch TV. Unfortunately, no data transmission or storage can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the information you provide to us will be secure at all times.

Part 10. Overseas Transfers

The Fetch TV website is hosted in California USA. Please note that Fetch TV may also use overseas facilities to process or back up its information and may also transfer information overseas to its related bodies corporate (including shareholders) for the purposes outlined above. Recipients of such information are likely to be located in Singapore and Malaysia. However, this does not change any of our commitments to safeguard your privacy.

Part 11. Retention of information

When we no longer need to use your information, we will take steps to properly de-identify or destroy it.

Part 12. Links to other websites

Fetch TV provides access to third party websites through its website or the Fetch TV Service. These linked websites are not under the control of Fetch TV, and we are not responsible for the content or the conduct of the organisation managing any website accessed through our Fetch TV website or the Fetch TV service. Before disclosing your personal information on any website, we suggest you examine the terms and conditions and privacy policy of that website.

Part 13. What to do if you have a problem or question

If you have any further queries relating to our Privacy Policy, or you have a problem or complaint relating to privacy or any breach of the Australian Privacy Principles, please contact us as follows:

Contact: The Privacy Officer

In writing: Level 5, Lavender Street, Milsons Point, NSW 2061

By email: privacy@fetchtv.com.au.

We will investigate your complaint and will use reasonable endeavours to respond to you in writing within 30 days of receiving the written complaint. If we fail to respond to your complaint within 30 days of receiving it in writing or if you are dissatisfied with the response that you receive from us, you may wish to contact:

The Privacy Commissioner

Office of the Australian Information Commissioner (OAIC)

Phone: 1300 363 992

Email: enquiries@oaic.gov.au

GPO Box 5218 Sydney NSW 2001.

PART 14. Other information

This Privacy Policy does not apply to the handling of information about employees or individual contractors by us. For information about our practices relating to employee and individual contractor information please contact the Director of Human Resources at Fetch TV via contactus@fetctv.com.au.

part 15. Future changes

Our commitment to being a leading provider of interactive entertainment via the Fetch TV Service means that our business will continue to evolve as we introduce new Fetch TV Services and features. Because of this, from time to time, our policies will be reviewed and may be revised. Whilst Fetch TV seeks to minimise such changes, Fetch TV reserves the right to change its Privacy Policy at any time by posting an updated version of the policy via the "Settings" menu on the Fetch Service and on the Fetch TV website. Please therefore keep checking these policies to ensure that you are aware of the current terms.