Device & Data Retention Policy
Effective Date: 29 Nov 2025
1. Purpose
This policy outlines how Bendigo Smartphones handles customer devices and digital data left in our care. It establishes the timelines for data retention, storage of completed repairs, and the legal process for disposing of uncollected goods in accordance with the Australian Consumer Law and Fair Trading Act 2012 (Vic).
2. Digital Data Retention
This section applies when we temporarily store your data (e.g., during a data transfer, backup, or complex software repair).
- Retention Period:
- Standard Transfers: Data is retained for 48 hours after the service is marked complete.
- Complex Recovery: For complex data recovery cases, data may be retained for up to 7 days to ensure the customer has verified their files.
- Deletion: After the retention period expires, all customer data is permanently and securely erased from our servers/storage drives to protect your privacy. We cannot recover this data once deleted.
- Customer Responsibility: Bendigo Smartphones is not a data backup service. We strongly recommend you verify your data immediately upon collecting your device.
3. Uncollected Goods (Physical Devices)
This section applies to devices left at our premises for repair, diagnostics, or data recovery.
A. The Collection Period
Once your device is ready for collection (or deemed unrepairable), we will notify you via the phone number or email provided.
- Standard Holding Period: We will hold your device for 60 days from the date of the first notification.
- Storage Location: Your device will be stored in a secure, designated area.
B. Our Right to Dispose
If you fail to collect your device within 60 days, Bendigo Smartphones treats the device as "Uncollected Goods." Under the Australian Consumer Law and Fair Trading Act 2012 (Vic), we reserve the right to:
- Dispose of the device (e.g., recycling).
- Sell the device to recover our costs (labour, parts, and storage).
- Dismantle the device to reclaim working parts used during the repair.
Once a device is disposed of, it cannot be recovered, and no compensation will be paid.
4. Notification Process
We will make reasonable efforts to contact you before disposing of a device. Our process includes:
- Initial Notice: Sent when the job is complete.
- Reminder: Sent if uncollected after 30 days.
- Final Notice: Sent at approximately 50-55 days, warning of impending disposal.
It is your responsibility to ensure your contact details are current. We are not responsible if you fail to receive notices due to a changed phone number or email.
5. Storage & Holding Fees
If a device remains uncollected after 30 days, Bendigo Smartphones reserves the right to charge a Storage Fee of $5.00 per week.
- This fee covers the cost of secure storage and administration.
- This fee must be paid in full (along with the repair cost) before the device is released.
6. General Lien
Bendigo Smartphones exercises a General Lien over all goods in our possession. This means we have the legal right to retain possession of your device until all outstanding debts (repair costs, diagnostic fees, and storage fees) are paid in full.
7. Privacy & Security during Retention
- Access: Only authorized technicians have access to the secure storage area and data servers.
- Security: We take all reasonable physical and technical precautions to protect devices from theft or damage while in our care.
- Data Breach: In the unlikely event of a data breach or theft, we will notify affected customers in accordance with our Privacy Policy.
8. Contact Us
If you need to arrange an extended collection time, please contact us immediately to avoid disposal procedures.
Bendigo Smartphones
5 King Street, Bendigo VIC 3550
(03) 4416 2838