This Privacy Policy has been developed to explain how personal information is handled by us.
In this Policy, “Viva Energy”, “we”, “our”, and “us”, refers to Viva Energy Group Limited (ACN 626 661 032) and each of our related bodies corporate and the business we operate under our various brands, including: Viva Energy Australia; Shell Card; On The Run; Reddy Express; Liberty; Gift Box; Direct Haul; Smokemart
We make, import, blend and deliver fuels, lubricants, solvents and bitumen through our extensive national and international supply chains. We are the exclusive Australian licensee of one of the world’s most recognisable brands, selling high quality Shell fuels and lubricants to motorists across the country. We provide convenience retail products and services through our service station network which includes OTR, Reddy Express and Liberty stores. For industry, we provide the fuels, lubricants and support that our customers in the transport, mining, aviation, marine, manufacturing, defence and construction sectors need to keep their businesses moving. We also develop future energies, fuels and polymers, looking for commercially viable solutions for a greener circular economy.
Our related bodies corporate include:
We are subject to and are committed to complying with the Australian Privacy Act 1988 (Cth) (which incorporates the Australian Privacy Principles) in relation to all personal information we collect or otherwise handle.
This Policy sets out the broad controls which we have adopted to explain the way we collect and use personal information, the circumstances in which we might disclose personal information to third parties, how you may access your personal information held by us and what you can do if you are unhappy with our treatment of your personal information.
We may make changes to this Policy from time to time without notice, via the uploading of an updated version of the Privacy Policy on www.vivaenergy.com.au.
This Policy applies to any person in respect of whom we currently hold, or may in the future collect, personal information. This can include any of our customers, members of any loyalty program or promotion or communication subscription, job applicants, contractors, and suppliers.
“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. This Policy applies to any personal information collected or received from you (or where relevant, any third party) in relation to any relationship, arrangement or communication with you, or any third parties in relation to the same.
This may include, depending on the circumstances:
For employees or prospective employees or contractors it may include, health information, drivers licence details, work experience and other qualifications, permits and government identifiers and other assessments involving personal or sensitive information required to assess or validate suitability of engagement.
We collect personal information in a variety of ways in the course of conducting our businesses, including:
*Our sites include service stations, retail stores, facilities, depots and other physical locations owned or operated by or on our behalf.
Where reasonable and practicable, we will collect personal information directly from you. However, in some circumstances, it is necessary for us to collect personal information through third parties or agents. Examples are of this are where we collect personal information: (1) from a source of publicly available information (e.g. yellow or white pages); (2) from an employer or former employer (e.g. where a contractor provides personal information about its staff); (3) 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; (4) from third parties when conducting credit checks for customers; (5) in relation to ensuring a smooth end to end customer experience where such information is required to administer promotions or offers; or (6) where conducting suitability checks for job applicants.
At or soon after the time when we collect personal information, we will take reasonable steps to ensure that you are aware of the way in which your personal information will be handled, 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 (if applicable).
Personal information collected by us is held in a variety of formats, including hard copy format, on our computer and our cloud network systems.
If we receive unsolicited personal information and we determine that collection of that information is not permitted under the Australian Privacy Principles we will destroy or de-identify the information if it is lawful and reasonable to do so.
Where practicable, you may deal with us anonymously or by pseudonym. However, certain transactions will require verification of your identity, for example, recruitment activities and commercial contracts may not be conducted anonymously or by pseudonym. Also, membership to any Social Media Network or App, Program, may not be anonymous as we and our 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.
We will not collect sensitive information* about you unless you consent to the collection and the information is reasonably necessary for one or more of our 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.
For certain roles, we require information regarding your health fitness for the role, so sensitive health information will be collected either directly from you or from health service providers.
*Sensitive information is a term defined by the Privacy Act and includes personally identifiable information about you that is also health information, information about your racial or ethnic origin, sexual orientation, criminal record, political associations, trade union membership, biometric information. You can refer to www.oaic.gov.au for more information about ‘sensitive information’ and ‘personal information’.
The use to which we can put personal information depends on the reason for which it was collected.
We may use personal information for its primary purpose of collection (e.g. the delivery of goods to you) or for any related secondary purpose that we could reasonably be expected to use the personal information for (including to detect and avoid fraud). We may also from time to time use personal information for promotional or direct marketing purposes where permitted under law. You may, at any time, request that we do not to use your personal information for sending direct marketing material. Such a request can be made by clicking on the unsubscribe link at the bottom of any marketing email you receive, or contacting us either in writing, by email or by telephone at the contact details below. There is no fee for making such a request.
We respect your right to privacy and we take reasonable steps to keep your personal information confidential.
We 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 us). (We may also disclose personal information to third parties if it is necessary for the continuation of (paid and/or unpaid) services to you including in relation to any potential sale of any of our businesses or corporate entities.)
Personal Information disclosed by you as part of the registration or dealings with respect to any membership, promotion, offer or loyalty program will also be disclosed to our 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 us under this Policy. Contractors will be used to facilitate our services to you (which includes the services under any Social Media Network or App or Program), 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.
Where disclosure of personal information to third parties is necessary, we will require that the third party undertake to treat the personal information in accordance with the Australian Privacy Principles.
Otherwise, we will only disclose personal information to third parties without the consent of the person to whom it relates if the disclosure is:
We do not engage in the business of selling personal information.
Our related bodies corporate may disclose personal information to each other 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 body corporate is authorised to use the personal information for.
In accordance with the principles set out in this Policy, as part of its normal operations we transfer personal information within our corporate group and service providers. Some of these service providers and entities are located overseas, for example, the United Kingdom, the Netherlands, Malaysia, the Philippines, Japan and the United States of America to name a few. For example, Microsoft services are provided by Microsoft which is located in the United States of America.
We will take all reasonable steps to ensure that all personal information held by us is secure from any unauthorised access or disclosure.
We will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes for which we are authorised to use it.
You may request to access personal information about you held by us. Such a request must be made in writing to the address below and, so that we can protect personal information from being accessed by unauthorised individuals, you will need to verify your identity before we can complete processing any access request. We endeavour to process any request within 30 days.
We will grant you access to your personal information as soon as possible, subject to the circumstances of the request.
A request to access personal information will be rejected if:
We 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.
We will take reasonable steps to ensure the accuracy and completeness of the personal information we hold. However, if you believe that any personal information that we hold about you is inaccurate or out of date, then you should contact us in writing at the address below, and so that we can protect personal information from being changed by unauthorised individuals, you will need to verify your identity before we can complete processing any correction request. We endeavour to process any request within 30 days.
If you wish to lodge a complaint about this Policy, or the way in which your personal information is managed a complaint may be lodged in writing by post or by email to the address set out in “Contact us” below.
We take complaints seriously and any further action after our initial response to you will vary depending on the nature of your complaint.
If after this process you are not satisfied with our response, you can submit a complaint to the Office of the Information Commissioner, Australia. To lodge a complaint, visit the ‘Complaints’ section of the Information Commissioner’s website, located at http://www.oaic.gov.au/privacy/privacy-complaints, to obtain the relevant complaint forms, or contact the Information Commissioner’s office.
This Policy also applies in relation to our collection and use of credit information of you in connection with any commercial credit provided by us to you.
The types of credit information that we collect and uses for the purpose of assessing an application for commercial credit and administering a commercial account include:
Such information is collected from the relevant individual and from credit reporting bodies, as well as from publicly available information. We use information collected to create an internal credit assessment report.
We do 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.
Our websites utilise cookies* (which you can choose to reject).
*What is a cookie?
We use the term “cookies” to refer to cookies and other similar technologies covered by the EU Directive on privacy in electronic communications. 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.
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 websites. Cookies remember your preferences, such as language and region, which remain as your default settings when you revisit the website. 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 any of our Social Media Network sites or websites 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 us 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 which are subject to the policies of these third party websites.
How do I reject and delete cookies?
You can choose to reject or block the cookies set by us or the websites of any third party suppliers by changing your browser settings – see the Help function within your browser for further details.
Third party websites:
If you click on a link to another site maintained by a third party they are no longer subject to this Policy. We are not responsible for the privacy practices of the organisations that operate those other services, and by providing such links we do not endorse or approve the other services, or their content, privacy practices and terms of use, and we make no endorsements, representations or warranties about their accuracy, content, or thoroughness. Your disclosure of personal information to third party websites is at your own risk.
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.
If there are any questions regarding this Policy or the way that we manage personal information or if there are any concerns about our treatment of personal information, then you may contact us by post, telephone or email.
In order to protect your Personal Information, we will require identification from you before correcting or providing access to any personal information.
Contact Details:
For details of (or corrections to) your account/s or memberships or any personal information we may hold on you please contact our customer support line for the relevant area of business:
Liberty
For Liberty Convenience Store business Contact – Liberty Oil Convenience
For Liberty wholesale business Contact – Liberty Oil Australia
If you believe there has been a privacy incident or any infringement of your privacy rights, please contact us at the following:
Viva Energy, Liberty, Mogas /Reliable Petroleum; Directhaul; Shellcard, Fuel2Sky, Skycard, Skyfuel; bulk fuel or Shell lubricants, Viva Energy polymers
Viva Energy Australia Privacy Officer
PO Box 872K
Melbourne VIC 3001
Telephone: 13 16 18
Contact Viva
In relation to any of our retail businesses
For example: any of our service station services, online or app sales or accounts including: OTR (On the Run), Liberty Express; ReddyExpress; Giftbox, Smokemart, KrispyKreme (South Australia), Giftbox; Vapesquare
OTR Privacy Officer
PO Box 872K
Melbourne VIC 3001
Telephone:+618 8876 5271
Contact OTR