| BACKGROUND |
| A. The purpose of this Privacy Policy is to make clear how NDRA Pty Ltd (ACN 660 283 590) ("Company") collects, stores, uses and discloses "personal information" (as defined under the Privacy Act 1988 (Cth)) provided by you. |
| B. The term "personal information includes "sensitive information" (as defined under the Privacy Act 1988 (Cth)) |
| C. By using this this site, social media accounts, applications, platforms and any associated or linked sites, accounts, applications and platforms owned or controlled by the Company ("Site") or by accepting products and services offered by, or on behalf of, the Company ("Products and Services"), you acknowledge that you had sufficient chance to read and understand this Privacy Policy and you agree to be bound by its terms. |
| D. If you do not agree to the terms of this Privacy Policy, please do not use the Site. |
| OPERATIVE PROVISIONS |
| 1. PERSONAL INFORMATION |
| 1.1 All personal information provided by you will be treated in accordance with the requirements of the Privacy Act 1988 (Cth) and regulations under that Act (and in particular, the Australian Privacy Principles established under that Act). |
| 1.2 The Company is required to collect certain personal information for the purpose of providing and managing the Products and Services. |
| 1.3 You consent to collection, storage, use and disclosure of personal information provided by you by, or on behalf of the Company, in accordance with this Privacy Policy and acknowledge and agree that this information is reasonably necessary for one or more of the Company's functions or activities, including for providing you with the Products and Services. |
| 1.4 Personal information that the Company may collect includes without limitation the following: |
| 1.4.1 name; |
| 1.4.2 address; |
| 1.4.3 email address; |
| 1.4.4 telephone number; |
| 1.4.5 banking and credit card details; |
| 1.4.6 driver licence details and a copy of a driver licence; |
| 1.4.7 motor vehicle make, model and registration details; |
| 1.4.8 copy of a registration certificate for a motor vehicle; |
| 1.4.9 images of a motor vehicle; |
| 1.4.10 driving history; |
| 1.4.11 credit history; |
| 1.4.12 information, data and materials collected in accordance with clause 3; and |
| 1.4.13 any additional information that you provide to the Company either through the Site or over the telephone, by email or during your other dealings with the Company. |
| 1.5 You warrant that you are authorised to use the email address and telephone number provided by you. |
| 1.6 The Company may also collect other information from you and other users of the Site and the Products and Services that is not personal information, including your answers to surveys or aggregated information about how you and other users use the Site. |
| 1.7 You are required to provide the Company with personal information when you: |
| 1.7.1 enquire about, apply for, purchase or utilise any Products and Services; |
| 1.7.2 request any information about the Products and Services or any other content on the Site ("Content"); |
| 1.7.3 wish to open an account with the Company; |
| 1.7.4 request the Company to facilitate or process any transaction on your behalf; |
| 1.7.5 subscribe to the Company's publications or email messages; |
| 1.7.6 request advertising, marketing and sales information; |
| 1.7.7 request the Company to reply to any query or provide any other information; or |
| 1.7.8 send your comments or suggestions to the Company. |
| 1.8 If you do not provide the Company with personal information or provide incomplete or inaccurate information, then the Company may not be able to: |
| 1.8.1 provide you with the Products and Services; |
| 1.8.2 provide you with information about any special promotions that the Company may run from time to time; or |
| 1.8.3 customise the Content to your preferences. |
| 1.9 The Company collects, stores, uses and discloses personal information to: |
| 1.9.1 provide you with the Products and Services; |
| 1.9.2 provide you with updates and advice in relation to the Products and Services; |
| 1.9.3 test, develop, enhance, improve and modify the Products and Services; |
| 1.9.4 conduct analytics; |
| 1.9.5 create derivative works based on information that was aggregated or de-identified; |
| 1.9.6 advertise, market and sell the Products and Services; |
| 1.9.7 train its employees; |
| 1.9.8 communicate with you; |
| 1.9.9 address your enquiries and complaints; |
| 1.9.10 provide you with the information that may be of interest to you; |
| 1.9.11 provide you with access to your account on the Site; |
| 1.9.12 improve the operation of the Site; and |
| 1.9.13 comply with any law or requirement of any relevant authority. |
| 1.10 You acknowledge that it is illegal to make misrepresentations or provide misleading or deceptive information. The Company has a right to make enquiries regarding your identity or any other personal information provided by you for the purposes contemplated by the law, including Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). |
| 1.11 If you provide the Company with personal information about another person or entity, you: |
| 1.11.1 agree to obtain consent from that person or entity to the provision of such information and to the Company's proposed use of that information in accordance with this Privacy Policy; and |
| 1.11.2 consent to the Company verifying the information provided by you about another person or entity directly with that person or entity. |
| 2. COLLECTION AND DISCLOSURE OF PERSONAL INFORMATION FROM AND TO THIRD PARTIES |
| 2.1 The Company may collect personal information about you from third parties for the purposes set out in clause 1.9. |
| 2.2 The Company may disclose your personal information to third parties in accordance with this Privacy Policy in the circumstances where it is reasonable to do so, including without limitation to: |
| 2.2.1 the Company's officers, employees and associated entities (as defined in the Corporations Act 2001 (Cth)); |
| 2.2.2 the Company's service providers, consultants, referrers, contractors, advisers and legal representatives; |
| 2.2.3 customer, product and strategic research and development organisations; |
| 2.2.4 insurance companies; |
| 2.2.5 debt collection agencies; |
| 2.2.6 any person or entity as part of its usual business practices and operations; |
| 2.2.7 courts and tribunals as part of legal proceedings; |
| 2.2.8 government, statutory, regulatory and enforcement bodies; |
| 2.2.9 any person or entity considering acquiring or taking an interest in the Company's business or assets (on a confidential basis); and |
| 2.2.10 any other person or entity with your consent. |
| 2.3 The Company may disclose information that was aggregated or de-identified for any purpose, including for testing, developing, enhancing, improving and modifying the Products and Services and for advertising, marketing and sales (including by way of case studies). |
| 3. ONBOARD DEVICES |
| 3.1 In this clause 3, the term "Onboard Device" means a GPS, immobiliser, driving recorder, event data recorder, onboard camera, sensor, computer or another device that is installed in a vehicle that has one or more of the following functions: |
| 3.1.1 electronic tracking; |
| 3.1.2 immobilising; |
| 3.1.3 recoding; |
| 3.1.4 monitoring; |
| 3.1.5 viewing; and |
| 3.1.6 any other function required by the Company. |
| 3.2 If you use a vehicle provided by the Company: |
| 3.2.1 you acknowledge that such vehicle is equipped with Onboard Devices that may collect data related to vehicle performance, location, and usage (including GPS tracking, diagnostic data, and driver behaviour); |
| 3.2.2 by using that vehicle, you consent to the collection, use and storage of this data for any purpose required by the Company, including without limitation vehicle management, safety, insurance, compliance with legal obligations, advertising, marketing and sales; and |
| 3.2.3 you acknowledge that this data may be disclosed in accordance with this Privacy Policy, including to the persons or entities referred to in clause 2. |
| 4. CHANGES TO PERSONAL INFORMATION |
| 4.1 You must promptly notify the Company of any changes to the information (including personal information) previously provided by you. |
| 4.2 You can request the Company to modify personal information that has changed or is otherwise inaccurate. |
| 5. YOUR ACCESS TO INFORMATION |
| 5.1 Subject to clause 5.2, on your request, the Company will provide you with access to personal information supplied by you within a reasonable time after your request at no charge to you. |
| 5.2 You acknowledges that the Company may refuse to provide you with access to your personal information if: |
| 5.2.1 accessing such information may put a person's life or health at risk; |
| 5.2.2 accessing such information can have an undue effect on another person's privacy; |
| 5.2.3 you make a vexatious or frivolous access request; |
| 5.2.4 accessing such information is against the law; |
| 5.2.5 accessing such information can have detrimental effect on an enforcement event associated with an illegal activity or any other infringement of law; or |
| 5.2.6 there are lawful dispute resolution actions that limit or prevent disclosure to such information. |
| 6. MARKETING MATERIALS |
| 6.1 By accessing or using the Site, you agree to the Company sending commercial materials regarding the Products and Services offered by the Company or its associated entities, including without limitation advertising, marketing and promotional material. |
| 6.2 You may opt out of receiving these communications from the Company by giving the Company a written notice or unsubscribing from the Company's mailing list using the relevant option in the Company's emails or phone messages. |
| 7. STATISTICS AND COOKIES |
| 7.1 The Company gathers statistical details about the users of the Site, including the number of visitors, the pages they view, the types and patterns of transactions that take place and the amount of time they spend on the Site. All these details are used to assess and enhance the functioning of the Site and provision of the Products and Services. Apart from these details, the Company does not gather any other information about its customers or visitors of the Site if they do not give that information to the Company. |
| 7.2 You acknowledge that the Site uses cookies that are used to gather statistical data referred to in clause 7.1 and to give the users the permission to access the Site and their account. |
| 7.3 The majority of search engines enable cookies. However, you can modify the search engine's settings to deny access of cookies or to receive a notification every time your device gets a cookie and you can decide whether you wish to accept it. You also can delete all the cookies that have been sent to your computer. If you deny access to all cookies, you may not be able to access the Site or your account. |
| 8. LINKS TO OTHER SITES |
| 8.1 The Site may have links to other sites which may gather personal information from you. You acknowledge and agree that the Company is not responsible for any privacy and disclosure practices of those sites. You should make your own enquiries and satisfy yourself with respect to those matters. |
| 9. THIRD-PARTY ADVERTISING |
| 9.1 Advertising, marketing and promotional material appearing on the Site may be delivered to you by the Company's advertising partners, which may set their own cookies. These cookies allow their servers to recognise your computer each time they send you an online advertisement in order to compile non-personal identification information about you or others who use your computer. This information allows advertising networks to, among other things, deliver targeted advertisements that they believe will be of interest to you. This Privacy Policy does not cover the use of cookies by any third-party advertisers and the Company takes no responsibility for the use of those cookies. |
| 10. SECURITY |
| 10.1 You must have a secure browser supporting secure transmission of data across the Internet. |
| 10.2 The Company exercises great care in providing secure transmission of information from your computer to its servers. The Company uses a variety of security measures to maintain the safety of personal information. Personal information provided by you through the Site is transmitted via Secure Socket Layer (SSL) technology and is stored in a password-protected environment that is not available to the public. |
| 10.3 Despite the provisions of clause 10.2, you acknowledge that transmissions made on or through the internet are vulnerable to attack and cannot guaranteed to be secure. |
| 10.4 Subject to other terms and conditions of this Privacy Policy, the Company will store personal information on secure servers, cloud and electronic services and other storage facilities, whether located in Australia or overseas ("Storage Facilities") and will take the necessary measures to protect personal information from loss, misuse, interference and unauthorised access, modification and disclosure. |
| 10.5 The Storage Facilities may be managed in numerous ways, including internally by the Company or by a third-party provider with which the Company has a contractual relationship. |
| 10.6 As necessary, the Company may transfer personal information or any other information outside Australia in accordance with the Privacy Act 1988 (Cth) to the countries with privacy laws that do not provide the same level of protection as Australia's privacy laws, including to the Asia-Pacific, the European Union or the United States of America. |
| 10.7 By providing the Company with personal information or any other information, you consent to the Company disclosing that information to overseas recipients on the basis that, whenever permitted by law, the Company is not required to take reasonable steps to ensure that any overseas recipient complies with Australia's privacy laws and regulations. |
| 11. DATA BREACH |
| 11.1 If the Company becomes aware that there are reasonable grounds to suspect that there may have been an "eligible data breach" (as defined under the Privacy Act 1988 (Cth)) in relation to any personal information held by the Company, the Company must comply with the requirements of Part IIIC of the Privacy Act 1988 (Cth). |
| 11.2 Other than as required under the Privacy Act 1988 (Cth) or any other applicable law, you acknowledge and agree that, to the maximum extent permitted by law, the Company is not liable under any circumstances for any losses, damages, costs, expenses, demands, claims or proceedings suffered or incurred by you or brought against you (even if the Company has been advised of their possibility) in connection with any loss, misuse, unauthorised modification, illegal access, unauthorised disclosure, security breach, data breach, any other security intrusion, virus, bug, other malicious software, harmful components or tampering in relation to any personal information held by the Company. |
| 12. BREACH OF PRIVACY POLICY |
| 12.1 The Company reserves the right to suspend or terminate your account or your access to the Site or delete certain content from your profile or public domain within the Site if your account or its content is in breach of this Privacy Policy. |
| 13. TRANSFER |
| 13.1 In the event of the transfer of ownership or control in the Company's business or any rights, title and interest in the Company, the Company reserves the right to transfer personal information provided by you to the Company's successor. In the event of any variation of this Privacy Policy as a result of such transfer, a new version of this Policy will be uploaded on the Site. |
| 14. VARIATIONS |
| 14.1 the Company is entitled to vary this Privacy Policy for any reason it deems necessary. |
| 14.2 Once the variation takes effect, the Company will upload a new version of this Privacy Policy on the Site. |
| 14.3 The Company recommends that you review the Private Policy from time to time to be aware of any variations. |
| 15. ACKNOWLEDGMENTS |
| 15.1 You acknowledge and agree that: |
| 15.1.1 you have read and understood this Privacy Policy; |
| 15.1.2 you consent to the use and disclosure of personal information provided by you in accordance with this Privacy Policy; and |
| 15.1.3 the information provided by you is current, complete and accurate and that the Company will rely on that information. |
| 16. YOUR RIGHTS |
| 16.1 If you require access to personal information provided by you or have any queries or complaints regarding your privacy and the Company's use of your personal information, please contact the Company's Privacy Officer by using the contact details set out in the Site. |
| 16.2 If your query or complaint is not resolved in a satisfactory manner, you may refer your concerns to the Australian Information Commissioner appointed under the Privacy Act 1988 (Cth). |
