FLY AUTOHAUS PTY LTD ACN 629 397 771

 

PRIVACY POLICY

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Last Updated: 8 October 2023

 

At Fly Autohaus Pty Ltd we respect your privacy.

Please read our Privacy Policy because it applies to you and the information you provide to us during the ordinary course of dealings with our Company and associated third parties.

 

1. Introduction

Fly Autohaus Pty Ltd ACN 629 397 771 (“Fly Autohaus, our, us, we”) has legal obligations under the Privacy Act 1988 (Cth) when it comes to protecting your privacy. We respect your privacy and take the protection of an individual’s personal information very seriously.

The purpose of this Policy is to describe the ways that we collect, store, use, and protect personal information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (“personal information”).

 

2. Audience

This Policy applies to you if you are:

• a visitor to our website; or

• a customer who has used our services that we provide; and/or

• a customer who currently is currently engaging us for our services.

 

3. What is ‘Personal Information’ and ‘Sensitive Information’?

Under the Privacy Act 1988 (Cth) (“the Act”) Personal Information means:

“information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a)  whether the information or opinion is true or not; and

(b)  whether the information or opinion is recorded in a material form or not.”

Further, ‘Personal Information’ includes:

• certain information that we collect automatically when you visit our website;

• certain information collected on registration;

• certain information collected on submission; and

• optional information that you provide to us voluntarily.

but excludes:

• information that has been made anonymous so that it does not identify a specific person;

• permanently de-identified information that does not relate or cannot be traced back to you specifically; and

• non-personal statistical information collected and compiled by us.

The types of personal information which we may collect and process include your:

• Identifying information – such as your name;

• Contact information –your phone number or email address;

• Address information –postal address; and/or

• Demographic information – country, region or place of origin etc.

Sensitive Information

Under the Act, Sensitive Information is defined as:

(a)  information or an opinion about an individual’s:

                              (i)  racial or ethnic origin; or

                             (ii)  political opinions; or

                            (iii)  membership of a political association; or

                            (iv)  religious beliefs or affiliations; or

                             (v)  philosophical beliefs; or

                            (vi)  membership of a professional or trade association; or

                           (vii)  membership of a trade union; or

                          (viii)  sexual orientation or practices; or

                            (ix)  criminal record;

                            that is also personal information; or

(b)  health information about an individual; or

(c)  genetic information about an individual that is not otherwise health information; or

(d)  biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or

(e)  biometric templates.

As a part of the vehicle purchase, sale or hire process, and when interacting with our staff or third party providers, we may be required to request some of the above information to assist you.

Any information given by you for the purposes of purchasing, selling or hiring a vehicle during the course of your time engaged or for anything else you may engage us to do incidentally to these tasks is all kept in accordance with this Policy.

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4. Acceptance

Acceptance Required
You must accept all the terms of this Policy when you order any services, bookings, classes or request our services for anything else we may provide from time to time.

We strongly encourage you to fully read and understand this Policy so you are aware of your rights and how we handle your personal information.

If you do not agree with anything in this Policy, then we may be unable to provide you with our services.

Legal Capacity
You may not access our website or request our services if you are younger than eighteen (18) years of age and/or do not have legal capacity to enter into a legally binding contract.

If you are hiring or driving any vehicle from us, you must present us with a valid driver's license as proof of identity and evidence that you are allowed to drive a motor vehicle on public roads.  

Deemed Acceptance
By accepting this Policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

Your Obligations
You may only send us your own personal information or the information of another data subject/person where you have their express permission to do so.

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5. How do we collect ‘Personal Information’?

On Registration
When you submit an enquiry, or register on our website, you will no longer be anonymous to us.

This personal information will include:

• your name and surname;

• your email address;

• your telephone number;

• your postal address or street address; and

• your username and password (should you make an account with us).

From Browser & Third Party Privacy Policy’s
Please note that the website visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such third party websites. Accordingly, a subsequent website that collects URL information may log some personal information.

We strongly recommend that you review any applicable third party Privacy Policy’s to understand how they manage, store and protect any personal information you may provide as there may be differences between our Policy and theirs.

If you do not accept or wish to further understand how a Third Party handles your personal information, we recommend you contact that organisation. We do not accept any responsibility for any third party’s Privacy Policy or handling of your information.

Cookies
Occasionally (or at any point in time), we may use cookies on our website. A cookie is a small file of letters and numbers that our website puts on your device if you allow it. These cookies recognise when your device has visited our website before, so we can distinguish you from other users of the website. This improves your experience and provides feedback and information which we can use to improve our products and services.

We do not use cookies to identify you, rather to improve your experience on our website. If you do not wish to use the cookies, you can amend the settings on your internet browser so it will not automatically download cookies. However, if you remove or block cookies on your computer, please be aware that your browsing experience and our website’s functionality may be affected

Web beacons 
Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic images viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information.

We may merely use them to compile anonymous information about our website.

Optional details
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter any competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.

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6. Categories of People

We process the personal information of the following categories of people:

• customers (or organisations);

• prospects or leads;

• employees;

• contractors, vendors, or suppliers;

• dealers, and

• directors and shareholders.

This list is not exhaustive and may vary from time to time.

  Purpose of Processing

We may use or process any services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information.

We generally collect and process your personal information for various purposes, including:

• services purposes – such as collecting orders or requests for and providing our services;

• marketing purposes – such as pursuing lawful related marketing activities;

• business purposes – such as accounting, business planning, disposals of business or other proposed and actual transactions; and

• legal purposes – such as handling claims, complying with regulations, lisasing with our appointed legal representation or pursuing good governance.

We may use your personal information for the purposes described above and to:

• store your information so that you will not have to re-enter it during your visit or the next time you access the website;

• keep our data subject records up to date;

• better understand our data subjects’ needs, interests or preferences;

• manage supplier contracts in general;

• manage our customers in general;

• manage customer credit in general;

• manage dealer relationships in general;

• process personal information of employees for forensic purposes;

• monitor website usage metrics such as total number of visitors and pages accessed; and

• track your entries, submissions, and status in any promotions we may run from time to time or any other activities in connection with your usage of the website.

Consent to collection

We will obtain your consent to collect personal information:

• in accordance with applicable Australian privacy laws (as amended from time to time); and

• when you provide us with any registration information or optional information so that we can provide you our services.

 

8. Usage

Our Obligations
We may use your personal information to fulfil our obligations to you.

Messages and Updates
We may send administrative messages and email updates to you about the website. In some cases, we may also send you primarily promotional messages. You can elect to opt-out of any promotional messages (including any emails or newsletters) at any time.

Targeted Content
While you are logged into our website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information.

We will never disclose or share your personal information with any advertiser or unauthorised third party unless you specifically provide us with your consent to do so.

Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information about you or any other individual unless their consent is obtained beforehand.  

If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting their website from our website. We do not send personal information to advertisers with the referring URL.

Once you are on the advertiser’s website however, the advertiser is able to collect your personal information in accordance with their Privacy Policy or procedures.

We recommend that you read the Advertiser’s Privacy Policy in addition to ours as any information you provide to an advertiser is not Leo’s responsibility.

9. Disclosure

Sharing

We may share your personal information with:

• other divisions or companies within the group of companies to which we may belong to so as to provide:

  • joint content and services we provide (such as registration);

  • for transactions and customer support;

  • to help detect and prevent potentially illegal acts and violations of our policies; and

  • to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);

• an affiliated third party, in which case we will seek that the affiliate will honour and agree to the provisions outlined in this privacy Policy;

• our goods or services providers under contract who help provide certain goods or services or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods or service providers only use your information in connection with the goods or service(s) they supply or service(s) they perform for us and not for their own benefit);

• banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and

• other third parties or professional service providers (Accountants, Lawyers, Consultants etc) who provide us with relevant services where appropriate.

Government Departments, Bodies and Regulators 

We may disclose your personal information as required by law or governmental audit or if summoned by a Government Department or Body acting under appropriate legislation.

Law Enforcement
We may disclose personal information if required:

• other third parties who provide us with relevant services where appropriate.

• by a subpoena or court order;

• to comply with any law;

• to protect the safety of any individual or the general public; and

• to prevent violation of our customer relationship terms.

No Selling 
We will never sell your personal information. No personal information will be disclosed to anyone except as provided for in this Privacy Policy.

Marketing purposes 
We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.

Employees
We may need to disclose personal information to our employees that require your  personal information to do their jobs in accordance with their employment contracts. These include Fly Autohaus directors, staff, Senior Management, human resources and Accounts personnel.

Change of Ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity.

We will disclose the change of Ownership on our website.

If you are concerned about your personal information migrating to a new owner(s) or if you do not want a new owner(s) to possess your personal information, you may request us to delete your personal information we hold about you.

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10. Security

Internal Measures

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws as amended under the Act from time to time.

Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders.

We authorise access to personal information only for those employees and members of Senior Management who require it to fulfil their job responsibilities. Both the Directors and Staff members

Data and Suspected Breach Response Plan

We have adapted a Data Breach disaster recover plan to which we will follow in the event of a data breach or suspected data breach. The entire procedure is outlined under Schedule One.

Our Response Plan is very similar to the recovery plan that the Office of Australian Information Commissioner (“OAIC”) has adopted. Our Response Plan also contains all the recommendations that the OAIC suggests for entities that follow the Australian Privacy Principles.  

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11. Accurate and Up to Date

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this Policy. From time to time, we may request you to update your personal information so we can continue to deliver our services to you.

You are able to review or update any personal information that we hold about you by accessing your account online, emailing us, or phoning us.

Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

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12. Retention

We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this Policy, unless:

• retention of the record is required or authorised by law; or

• you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.

We may retain your personal information in physical or electronic records at our discretion.

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13. Transfer to Another Country

Whilst we never transmit or transfer personal information outside of Australia, there may be a very occasional situation that may arise where your Personal information may be stored on servers or sent to an individual to a third party that located outside of Australia in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in Australia or where it was collected.

You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent. In any event, Fly Autohaus will use its best efforts to ensure that measures are taken to ensure the security of any personal information.

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14. Your Rights

Request what information we hold on you
You may request access to your personal information to receive a copy of all the personal information that we hold about you at any time.

Updating or removing
You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website or contacting us by telephone or email.

Withdrawal of consent or objection to processing
You may withdraw your consent where we are relying on consent as a lawful justification to process. You may also object to our processing where we are relying on another lawful justification for processing. Please note that if you do so, we might not be able to provide services to you.

We may need to request additional information from you to verify your identity for you to access these rights. This is to ensure that your personal information is not disclosed to an unauthorised person.

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15. Changes

We may change the terms of this Policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated.

If you do not agree with the changes, then you must stop using the website and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

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16. Limitation

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

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17. Governing Law and Jurisdiction
We are governed by the Privacy Act 1988 (Cth) and the Australian Privacy Principals (APP)’s in Australia, as amended from time to time.  

Any topic or issue relating to Privacy that is not covered under our Privacy Policy is to be governed by the provisions in the Act and the Australian Privacy Principles as amended from time to time.  

In the event of any inconsistency between our Privacy Policy and the Act or the Australian Privacy Principles, the Act and the Australian Privacy Principles will prevail to the extent of the inconsistency.

18. Enquiries

If you have any questions or concerns arising from this privacy Policy or the way in which we handle personal information, please contact us by sending an email to kendal.yang@flyautohaus.com.au or call (03) 8838 8887.