a. Prison Voicemail is a trading name of PHONEHUB IO LTD, company number 9568821 registered in England and Wales.

b. References to 'we', 'us' and 'our' are to Prison Voicemail and we refer to you, the user, as 'you' and 'your'.

c. Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law and the terms governing your use of Prison Voicemail. By using Prison Voicemail's services, you agree to these Terms and Conditions.

d. If you have any queries, please contact us at info@prisonvoicemail.com.au.

a. Prison Voicemail enables you to leave voice messages for a specific prisoner in a prison that has approved our service. You can leave a message by dialling your unique Prison Voicemail number or by recording and uploading the message using the Prison Voicemail mobile app. The prisoner can receive the message by dialling the same number from the phone system in the prison.

b. Prison Voicemail is secure in that it only allows pre-approved numbers to leave messages. When you sign up for the service, you register the number from which you will leave messages. The prison will vet this number before you are allowed to leave messages.

c. You pay for messages left through Prison Voicemail through a monthly subscription payment associated with the price plan you choose while signing up for the service, or through a Pay As You Go plan. The subscription is a recurring monthly fee which is charged to your chosen payment card using Continuous Payment Authority. This is not a direct debit. The fee will automatically be deducted from your card on the same day each month. If the payment does not go through for any reason, the system will continue to attempt to take payment at regular intervals. After three failed payments, the system may cancel your subscription automatically. Until payment is received, your account will be blocked from use.

d. Each time you make a call the following process occurs:

e. Some users may also use the Prison Voicemail mobile application to use the service. In this case the process will differ from that listed above.

f. Prisoners can, if enabled, initiate a message by dialling their Prison Voicemail number twice within one minute. The second call will get through and enable them to leave a message.

g. Each time you leave a message using the Prison Voicemail app the process is as above with the exception of i. and ii.. Instead the message is left by opening the app and recording the message, and then pressing send.

a. Please check the Prison Voicemail website for current pricing. From time to time Prison Voicemail may offer discounted or free calls. These offers are subject to any specific terms of each individual offer.

b. Your chosen price plan comes with a number of minutes which can be used throughout the month. These minutes are reduced by any time you spend on the phone to your Prison Voicemail number, including time spent listening to messages, leaving messages, and listening to the Prison Voicemail system voice. If you use the Prison Voicemail app, only the length of your messages to the prisoner and the length of Live Calls, rounded up to the nearest minute, are deducted from your balance. The time the prisoner spends using the service is not counted and does not subtract from your minute allowance except in the case of Live Calls, where the length of the entire prisoner call will be subtracted from your minutes. Please note that all deductions are rounded up to the nearest minute.

c. Prison Voicemail is not responsible any additional calling charges that you or the prisoner may incur from your phone providers. Prisoners will usually pay for their calls at the normal landline calling rate charged by the prison phone system.

d. Call rates, pricing, and minute packages and bundles are subject to change at any time.

e. Any remaining minutes purchased as part of a subscription package will roll-over at the end of each month for a maximum of two months. Users may purchase top-up minutes and Live Call minutes through their account dashboard. These minutes will roll-over indefinitely until they are used up.

f. If an account relies on top-up minutes only without any monthly subscription payments, it is classed as a Pay As You Go account. There may be a setup fee associated with this type of account. Pay As You Go accounts require at least one top-up every three months to remain active. Pay As You Go accounts which have been inactive (no top-ups during this period) for more than 90 days may be blocked or cancelled without notice.

g. If at any point a subscription payment is missed and the account becomes past due then any accrued minutes from that subscription package will be lost. If a user subsequently makes a payment, the account will restart but the accrued minutes may not be kept.

a. The Prison Voicemail app can be downloaded on iOS and Android from the appropriate app store. It features enhanced functionality enabling family members to listen to old messages and leave new messages without dialling the Prison Voicemail number. Please be aware that the app operates over data connections, therefore data charges may apply.

b. Users with the Prison Voicemail app have an additional chargeable feature available – live calls – which is available in certain establishments. This feature enables the prisoner to speak in real-time with the voicemail user if the user is available. The user can indicate their availability by selecting the appropriate option on the app.

c. If the user has indicated that they are available to receive calls from the prisoner, the next time the prisoner calls their Prison Voicemail number, after hearing any waiting messages, the app will ring and the user will be able to speak directly to the prisoner. The length of this call will be deducted from the user’s minutes balance, depending on the subscription package of the user.

d. The Prison Voicemail app relies on the phone having a data connection. A slow or patchy data connection may result in calls or messages being poor quality. We advise users to connect to wifi when doing Live Calls to avoid excessive data usage.

e. Live calls is designed to improve communication between prisoners and their families by reducing call costs and enabling the best possible contact to occur. However, live calls uses a complex mechanism to facilitate calls via the internet and phone networks, and is therefore not completely reliable on all devices. For this reason it should not be used in emergencies, and should not be relied upon by either party for important communications.

f. We reserve the right to disable or discontinue the Live Calls service at any time.

a. You may cancel your account with Prison Voicemail at any time. We will consider requests for refunds on a case-by-case basis depending on usage of the account, and any issues experienced by the user. We reserve the right to refuse refunds if the account has been actively used, if the user failed to inform us in a timely manner of their wish to cancel, or if the account has been denied by the prison for public protection reasons, and to retain an administration fee of up to 40% of the monthly subscription cost to cover our own costs of purchasing the line. All refunds will be made within 60 days once agreed with the customer.

b. No refunds will be issued for unused call minutes or setup fees on Pay As You Go accounts. For subscription plans, no refunds will be given for any period prior to the most recent payment.

a. Prison Voicemail is currently only available in select prisons where the service has been approved.

b. The use of Prison Voicemail at the discretion of the individual prison and the Prison Service.

c. Individual messages are subject to a maximum length due to prison restrictions. This length varies from prison to prison.

a. Your access to Prison Voicemail may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Your access may also be restricted if we are required to restrict it following instruction from the Australian government, the state corrective services agency or prison management, or any other competent or lawful authority. In these circumstances, we will attempt to restore the service as soon as we reasonably can.

b. Prison Voicemail only offers its service at specific prisons. If the prisoner is not housed at one of the prisons serviced by Prison Voicemail, you will not be able to use your Prison Voicemail account. In these situations, you must inform Prison Voicemail support. Prison Voicemail will either suspend the service, pending being made available at that prison or close your account at no charge.

c. Prison Voicemail uses some third-party technology and as a result cannot guarantee that the service will always be available. Prison Voicemail accepts no liability for any losses resulting from any faults or problems with its service.

a. We will provide you with a Prison Voicemail number that is unique to your account. Prison Voicemail will attempt to provide a landline number that is local to your home address, however this may not always be possible, in which case Prison Voicemail will provide an alternative landline number. This number remains the property of Prison Voicemail, and may be removed from service or reassigned at any point.

b. If you have provided Prison Voicemail with the necessary details of the prisoner, Prison Voicemail will inform the prison of the new account and ask the prison to add the Prison Voicemail number to the Prisoner's approved numbers list. Although the prisons aim to process the new account quickly, there a number of potential reasons for delays in processing or rejections of new accounts, including public protection issues, the account owner’s number not being on the prisoner’s approved contact list, delays in adding the account owner’s number to the prisoner’s approved contact list, and staff holidays. It is your responsibility to follow up with Prison Voicemail if you believe there is a delay in the processing of your account at the prison end;

c. Enable you to pay your subscription and buy top-up minutes using a credit or debit card;

d. Enable you to leave voicemail messages, subject to limitations on maximum length and your available account credit;

e. Enable the prisoner to listen to voicemail messages by dialling the Prison Voicemail number from within the prison, subject to limitations on maximum length and your available account credit;

f. Charge the cost of the calls to both leave and receive messages at the agreed price to your account.

g. We do not assume any liability for the content of messages left by you or the prisoner on Prison Voicemail

h. You acknowledge that we are not responsible for providing (or maintaining) the equipment that you use to access Prison Voicemail services or the national or international telecommunications networks which your calls travel across.

i. Nothing in these Terms and Conditions affects your statutory rights (which include, for example, that we will provide Prison Voicemail services to a reasonable standard and within a reasonable time). For more information on your statutory rights you can contact your local Citizens Advice Bureau or the Australian Competition and Consumer Commission.

j. Nothing in this section shall limit or affect our liability resulting from anything we provide to you being found to be unsafe or if something we do negligently causes death or personal injury.

a. In all cases, our liability is limited to the amount you have paid to use the service.

b. Prison Voicemail accepts no liability for any consequences of messages sent through its service.

a. You must abide by the terms and conditions of Prison Voicemail.

b. You must not use Prison Voicemail for any unlawful or fraudulent purpose, to make any communication which is, or is intended to be, malicious, fraudulent or hoax, or which is a breach of prison rules, or in any way which may damage or affect the operation of Prison Voicemail or any other telecommunications system.

c. You must adhere to the guidance provided by the prison on the appropriate use of Prison Voicemail.

d. You must allow the monthly subscription payment to be taken by Prison Voicemail in a timely manner.

e. Users leaving voicemail messages should be mindful of the impact of their communications on the prisoner's wellbeing. Users are strongly advised not to leave messages which may have a negative impact on the prisoner's state of mind. In the event that messages are left which are likely to cause distress users should contact the prison directly to ensure that prison staff can provide support.

f. You must not make any attempt to circumvent our system's security. Such attempts are strictly prohibited.

g. By signing up to Prison Voicemail you are consenting to allow the prisoner you name during the signup process to listen to and reply to your voicemail messages and to trigger notification text messages to your mobile phone.

h. It is your responsibility to ensure the prisoner is checking regularly for messages, and to use the service to its fullest capacity. Prison Voicemail cannot be held responsible for customers who under-utilise or misuse the serve.

a. The design of Prison Voicemail's services, and the trademarks, service marks and logos contained therein ('Marks'), are owned by or licensed to us. No licence is granted to you in these Terms and Conditions to use any trade mark of Prison Voicemail or its affiliated companies. The design system remains our property and cannot be copied.

a. For the purposes of privacy legislation within Australia you hereby consent to our processing of 'personal information' (as defined by the Privacy Act 1988 (Cth)) by submission of your personal information on the Website and we agree that we will treat the personal information as confidential.

b. You acknowledge and agree to be bound by the terms of the Privacy Policy.

c. If you provide personal information to us through using Prison Voicemail, we will not share it with anyone outside of Prison Voicemail for marketing purposes.

d. We will never disclose your information to anyone outside Prison Voicemail except where we have your consent; where we are required or permitted to do so by law; to other companies who provide a service to us; or any successors in title to our business.

e. Prison Voicemail reserves the right to use your data on a confidential aggregated level to draw conclusions about the use of the service, and may wish to share this data or analysis of this data with third parties.

f. For the purpose of impact evaluation, safeguarding or welfare issues, or prison security, Prison Voicemail may need to share individual user data with parts of the prison service, partner agencies working with the prison on your behalf, the Ministry of Justice, or partner academic institutions. By using Prison Voicemail you consent to share your data with these parties.

g. Prison Voicemail reserves the right to keep customer data on its database for up to 2 years following the termination of any agreement.

h. All prison communications may be monitored or recorded in accordance with the applicable state and Commonwealth correctional services legislation.

i. Prison Voicemail will comply with any lawful request for information including The Telecommunications (Interception and Access) Act 1979.

j. Prison Voicemail reserves the right to listen to user voicemails only where absolutely necessary to improve its service or identify and solve issues.

a. By using Prison Voicemail, you agree that we may contact you with offers and information about our products and services. If you do not wish to receive these offers, please let us know.

a. Prison Voicemail reserves the right to terminate its agreement with you at any time.

b. You may terminate your agreement at any time with Prison Voicemail over the phone or on your account dashboard. You will not be eligible for a refund, except at the discretion of Prison Voicemail.

a. Although Prison Voicemail obtains approval from the management of all prisons it works with before offering its service at these prisons, it does not accept any liability for decisions taken by staff or management of the prison, or at any other level within the prison service or relevant State or Commonwealth Department, that result in its service being blocked, banned, or closed, or the prisoner receiving any kind of disciplinary action.

b. By using Prison Voicemail, you represent to us that you are fully able and competent to enter into and abide by these Terms and Conditions.

c. If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms and Conditions.

d. We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.

e. These Terms and Conditions are subject to English and Australian law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you can do so in England or in Australia.

f. These Terms and Conditions shall constitute the entire agreement between you and us regarding use of Prison Voicemail. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

g. We may modify these Terms and Conditions at any time without notice to you and it is your responsibility to review these Terms and Conditions for any changes. Your continued use of Prison Voicemail following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

h. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act. Any member of Prison Voicemail may enforce any provision of these terms as if it were a party to these terms.

a. If you have any queries, please contact us using the details listed on the Prison Voicemail Australia website, or by email at info@prisonvoicemail.com.au, Or by phone on (07) 4243 4666 (Australia) or +441603340588 (Overseas).

a. This website and its content is copyright of PHONEHUB IO LTD 2019. All rights reserved.

b. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

c. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

a. These provisions constitute the entire Agreement between you and Prison Voicemail with respect to the use of this site and any Software, Content, or Product contained therein, unless specified and marked 'Addendum' on the site.

This privacy policy sets out how Prison Voicemail uses and protects any information that you give Prison Voicemail when you use this website and the service.

Prison Voicemail is committed to ensuring that your privacy is protected. We have opted in to the Australian Privacy Act 1988. Our organisation complies with the Australian Privacy Principles (the APPs) contained in the Privacy Act 1988 (Cth) (the Act). If we ask you to provide certain information that can identify you when using this website; it will only be used in accordance with this policy.

Prison Voicemail may change this policy at a later date. Any changes will be updated on this page and if they are significant we will notify them to you directly. You should check when providing new data to ensure that you are happy with any changes. This policy is effective from 23rd June 2020.

Links to other websites

Our website may contain embedded content and links to other websites of interest. However, once you have used these links to leave our site, you should be aware that we do not have any control over the linked site. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting linked sites. You should exercise caution and look at the corresponding data protection or privacy policy applicable to the website in question.

Information that we collect, use and store

Below is a table containing all information which we currently collect regarding personal user data.

We collect all of the above information via consent. This means that we do not collect this information unless you provide it to us.

We may also use any of the above data for the purpose of debugging problems to provide support. Where fraud prevention needs require, we will also provide the information to our payment provider.

After gaining your consent, we may use your identitifiable data for research, to contact you regarding research or to contact you with promotional material. By default, we will assume that you do not consent unless you perform an affirmative action (such as pressing a button) that indicates your consent.

Sensitive information

From the information collected above, your payment details, billing details and password are particularly sensitive.

We put additional controls in place to ensure the protection of this data and to comply with regulations that cover these data types. In particular we ensure that we do not store your payment (card) details. These are stored with a third party payment provider (PayPal) and we can never see your full payment details. We also store your password in such a way that make it impossible for us to view it.

Information storage"

Your information is stored on cloud servers based in the country of the prison that you sign up for (if you are contacting a prisoner in Australia, your data will be stored on Australia based servers). These servers are managed and controlled by us. Where your information is managed, transmitted to or stored by a third party not in your country; we have ensured that appropriate safeguards have been put in place by the third party before doing so. For example, if your data is stored in the EU and passed to a third party service provider in the U.S.A., we ensure that EU privacy shield safeguards and agreements are in place.

For customer support purposes your information is transmitted to and accessed by our staff based in the U.K. We provide the same level of security and protection to your data when doing this. We do not use third parties to provide customer support.

Information Disclosure to Overseas Parties

For the sole purpose of providing the service, your personal information may be transmitted to recipient organisations based in the U.K., Ireland, or the U.S.A.

Data retention

We will retain user data throughout the period of providing you with the service.

In the event that you do not fully complete registration for the service (and are not on a waiting list, such as for those who sign up to an unlaunched prison or have a payday reminder), we will keep your data for 7 years. This is for ease of registration; if you decide to complete the sign up at a later date then you do not have to repeat filling in the form again. On request, you can extend or shorten this retention period (please contact us as stated below).

Likewise, after cancelling the service, we will retain your data for 7 years. This means that if you choose to restart the service, you will still be able to keep your old details and messages. On request, you can extend or shorten this retention period (please contact us as stated below).

Cookies

Cookies are files which are stored on your computer in order to retain information as you browse the website.

We use essential cookies for essential purposes, such as logging you into your account, and other cookies for analytics purposes. Traffic logs from these cookies help identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to your needs. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not.

By default, most browsers will accept cookies. In the event that you wish to disable all cookies, including essential cookies, please modify your browser settings to decline and remove the cookies. This will prevent you from using the website as intended.

You can read more about cookies here .

You can control which cookies we use here.

Third parties

Prison Voicemail will never provide your information to any other organisation for direct marketing purposes. We will not distribute, sell or lease your personal information to third parties unless we have your permission or are required by law to do so. We may send you promotional information about third parties which we think you may find interesting if you have already consented to this.

We will share details with the prison when you sign up in order to verify your identity with them. We may also provide it to other prisons in the event that the prisoner moves to a different establishment.

Your card details are stored by a third party payment provider (PayPal) in order to conform to PCI requirements. User details may also be passed on to our payment provider for fraud prevention purposes.

Other third parties may be used strictly for the purpose of providing the service (such as for storing your messages or sending text notifications). They may be international organisations, outside of Australia.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. We conform to multiple industry standards for good practice and other relevant accredited schemes.

Our approach to security is based upon industry best practices and guidelines. We invest significant time in continuously improving security across our service and perform regular internal and external audits of our best practices (such as the Cyber Essentials Plus scheme). Our service makes use of encryption and data security techniques where possible and appropriate. All staff are trained in the handling of personal data and have background checks carried out where required. We also perform logging and auditing of data processing for security purposes.

Safeguarding

Safeguarding all users of the service is of paramount importance to us; some users of the service could be vulnerable individuals. In light of this, we may at the discretion of our directors choose to contact the prison if we, in the course of providing the service, were to believe an individual is at risk of harm from themselves or others.

Application permissions

The Android version of the Prison Voicemail mobile app requests a number of permissions from your phone. These include:

• Camera - Camera access is required if you wish to scan a QR code.
• Contacts - We use this to add a your Prison Voicemail number to your contact list.
• Microphone - We use this for recording new messages and for the Live Calls feature.
• Storage - We use this to allow you to download transaction receipts to your phone.
• Telephone - We use this to pre-fill forms with your default contact details,for user verification and for the Live Calls feature.

The iOS version of the Prison Voicemail mobile app requests a number of permissions from your phone. These include:

• Camera - Camera access is required if you wish to scan a QR code.
• Contacts - We use this to add a your Prison Voicemail number to your contact list.
• Face ID - For compatible devices you can use Face ID as two factor authentication to the app.
• Microphone - We use this for recording new messages and for the Live Calls feature.
• Notifications - Receive notifications about calls and for the Live Calls feature.

Information rights

You have the right to request a copy of the information we hold on you.
You are entitled to receive information about how we process and use your data and where we collected it from. You also have the right to access your data. You can exercise these rights by contacting us using the details provided in this policy. We can charge an administration fee for repeated or excessive requests.

You have a right to correct the information we hold on you.
You can require us to correct any inaccurate information we have about you and to complete any incomplete information that we have. You can exercise this right by contacting us.

You have the right to restrict our processing of your data.
You can restrict how we process your information if you think the data we hold is inccurate, if you think we are breaking the law or if we no longer need to process it. You can also restrict how we process your data if you object to our reason (or 'legitimate interest') for doing so. Where you exercise your right to restrict our processing we will then only process your data in the way that you agree, except for purposes where we are required to provide you the service or are otherwise required by law.

You have the right for your data to be portable.
You can request to receive your data in a structured, standardised and machine-readable format and to have this data passed to a third party that you consent to. This right only applies to personal data that we gather by your consent or because there is a contract in place between us.

You have the right for your data to be erased.
You can request that we erase your data if we no longer need your personal data for the purposes that we collected it. This right also applies when you withdraw your consent for us to process your data and we have no other lawful basis for processing it. We can be required to erase your data if we have broken the law, but can also be required to keep your data by law.

You have the right to complain.
You can complain with the supervisory authority for processing data based in your country. You can also complain directly to us. Contact details for us and the supervisory authority in your country can be found below in the 'Complaint Process' section.

Data consent from the prisoner

As the prisoner is not able to access the website, you are required to provide their details. When you do so, you give consent for us to use those details.

In the event that a prisoner requests to exercise rights over their own information, we face a number of challenges. We may not be able to verify their identity, to provide it in a useable format or be permitted to do so by the prison. We will need to handle each request by a prisoner on a case by case basis.

Complaint process

To make a complaint about our service or our handling of your data then please contact us directly and describe the nature of your complaint. We try to handle all complaints impartially and look objectively at the issue you are describing. Any complaints you make will not be shared with third parties unless required to do so to investigate your complaint (such as with a payment processor) or where required by law. Complaining to us does not remove your right to complain to the data authority in your country.

To make a complaint you can contact the Phonehub Data Protection Officer using one of the following methods:
Write to PHONEHUB IO, 1-2, The Old Church, St. Matthews Road, Norwich, NR1 1SP, United Kingdom.
Email us at: info@prisonvoicemail.com.au
Call us on +441603340588 or in Australia on (07) 4243 4666
Please ensure you describe your complaint as accurately as possible and provide enough information to contact you with a response.

If you are unhappy with the outcome of a privacy complaint you can complain to the Office of the Australian Information Commissioner directly:
Phone
1300 363 992
10am to 4pm, Monday to Friday AEST / AEDT
Post
GPO Box 5218
Sydney NSW 2001
Fax
+61 2 9284 9666

You can find a full list of their contact details here.

Contact

Please write to PHONEHUB IO, 1-2, The Old Church, St. Matthews Road, Norwich, NR1 1SP, United Kingdom.