A. The purpose of this Privacy Policy is to make clear how Keep You Driving Pty Ltd (ABN 84 667 329 259) (“KYD”) gathers, keeps, uses and discloses personal information provided by you.
B. This Privacy Policy also indicates how this information is put to use, updated and provided to other parties who are permitted to access it.
C. By using this site and any associated or linked sites ("Site") or by accepting the vehicle broking or any other products and services offered by or on behalf of KYD (“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. If you do not agree to the terms of this Privacy Policy, please do not use the Site.
1.1 All 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 KYD is required to collect certain information (“Personal Information”) for the purpose of providing and managing the Products and Services.
1.3 Personal Information KYD may collect includes the following:
1.3.1 name;
1.3.2 address;
1.3.3 email address;
1.3.4 telephone number;
1.3.5 banking and credit card details;
1.3.6 driver’s licence details;
1.3.7 driving history;
1.3.8 credit history;
1.3.9 if applicable, details of registration with, and authorisation from, a rideshare platform and all documents you submitted to obtain such registration and authorisation;
1.3.10 information, data and materials collected in accordance with clause 3; and
1.3.11 any additional information relating to you that you provide to KYD either through the Site or over the telephone, by email or during your other dealings with KYD.
1.4 KYD may also collect other information from you that is not Personal Information, including your answers to surveys or aggregated information about how users use the Site.
1.5 You are required to provide KYD with the Personal Information when you:
1.5.1 enquire about, apply for, purchase or utilise any Products and Services;
1.5.2 request any information about the Products and Services or any other content on the Site (“Content”);
1.5.3 wish to open an account with KYD;
1.5.4 request KYD to facilitate or process any transaction on your behalf;
1.5.5 subscribe to KYD’s publications or email messages;
1.5.6 request sales or advertising information;
1.5.7 request KYD to reply to any query or provide any other information; or
1.5.8 send your comments or suggestions to KYD.
1.6 If you do not provide KYD with the Personal Information, then KYD may not be able to:
1.6.1 provide you with the Products and Services;
1.6.2 provide you with information about vehicles of interest to you or information about any special promotions that KYD may run from time to time; or
1.6.3 customise the content of the Site to your preferences.
1.7 You acknowledge and agree that provision of the Personal Information by you for the purposes referred to in clause 1.5 is of vital importance to the ability of KYD to provide you with the Products and Services.
1.8 KYD collects, holds, uses and discloses the Personal Information for the following purposes:
1.8.1 to provide you with the Products and Services;
1.8.2 to provide you with updates and advice in relation to the Products and Services;
1.8.3 to communicate with you;
1.8.4 to disclose the Personal Information, with your consent, to KYD’s associated entities for provision of additional products and services that may be useful to you, including vehicle finance;
1.8.5 to address your enquiries and complaints and provide you with the information that may be of interest to you;
1.8.6 to provide you with access to your account on the Site;
1.8.7 to improve the operation of the Site;
1.8.8 to disclose information to KYD’s associated entities, contractors, service providers and other relevant third parties in the normal course of operation of KYD’s business;
1.8.9 for administration, marketing and advertising, further development and improvement of Products and Services; and
1.8.10 to comply with any law or requirement of any relevant authority.
1.9 You acknowledge that it is illegal to make misrepresentations or provide misleading or deceptive information. KYD has a right to make enquiries regarding your identity or any other details for the purposes contemplated by the law, including Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
1.10 While KYD collects the Personal Information from you and other users, it has no intention of collecting “sensitive information” (as defined under the Privacy Act 1988 (Cth)), being the information or opinions about health, political affiliations, sexual preferences, religious beliefs, racial or ethnic origin or similar information.
1.11 If you provide KYD with the Personal Information about another person or entity, you agree to:
1.11.1 obtain consent from the relevant party to the provision of such information and to KYD’s proposed use of that information in accordance with this Privacy Policy; and
1.11.2 notify the relevant person or entity about their ability to access this information.
1.12 You consent to KYD verifying the information that you have provided about another person or entity directly with the relevant party.
2.1 If you do not provide all information requested by KYD or provide incomplete or inaccurate information, KYD may not be able to provide the relevant Products and Services to you. You agree to immediately notify KYD of any changes to the Personal Information previously provided by you.
2.2 You can request KYD to modify the Personal Information that has changed or is otherwise inaccurate.
2.3 If KYD disagrees with you regarding the accuracy or completeness of any information provided by you, KYD will use its reasonable endeavours to provide a justification for its view.
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 KYD.
3.2 If you hire a vehicle from KYD, you:
3.2.1 acknowledge and agree that, as part of provision of the Products and Services, KYD may install in any vehicle supplied by it any Onboard Devices required by KYD and use them for any purposes required by KYD;
3.2.2 authorise Cabiz to install and use the Onboard Devices for any purposes required by KYD;
3.2.3 acknowledge and agree that KYD owns all rights, title and interest (including any intellectual property rights) in the recordings, videos, materials and any other output produced by the Onboard Devices; and
3.2.4 authorise KYD to use those recordings, videos, materials and output for any purposes required by KYD (including sales and marketing).
4.1 KYD 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, KYD does not gather any other information about its customers or visitors of the Site if they do not give that information to KYD.
4.2 You acknowledge that the Site uses “cookies”, which comprise an identification number or code that is sent to your search engine from the Site system and is kept on the hard drive of your computer. Every webpage has its specific cookies to send to different search engines, but only if a search engines allow cookies. Nevertheless, in order to preserve your privacy, your search engine only enables a website to have access to the cookies that are stored on your computer.
4.3 The cookies are used to gather statistical data referred to in clause 4.1 and to give the users the permission to access their account. When users have access to their online accounts, an automatic cookie will be sent to that computer that will be a unique identification for that user, account and computer. As a result, users are not asked to complete their login details every time they visit the Site.
4.4 The majority of search engines enable cookies. However, you have a chance to modify the search engine’s settings to deny access of cookies or to receive a notification every time your computer gets a cookie and you can decide whether you wish to accept it. If you deny access to all cookies, you will not be able to have access to your account. You also have a chance to delete all the cookies that have been sent to your computer.
5.1 You must have a secure browser supporting secure transmission of data across the Internet.
5.2 KYD exercises great care in providing secure transmission of information from your computer to its servers. KYD uses a variety of security measures to maintain the safety of the Personal Information. Personal Information supplied by you through the Site is transmitted via Secure Socket Layer (SSL) technology. Personal Information collected on the Site is stored in a password protected environment that is not available to the public.
5.3 Despite the provisions of clause 5.2, you acknowledge that transmissions made on or through the Internet are vulnerable to attack and cannot guaranteed to be secure.
5.4 Subject to other terms and conditions of this Privacy Policy, KYD will store the Personal Information on secure servers, storage facilities and files and will take the necessary measures to protect the Personal Information from loss, misuse, unauthorised modification, illegal access or unauthorised disclosure.
5.5 KYD may from time to time transfer the 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. For example, KYD may transfer the Personal Information to the Asia-Pacific, the European Union or the United States of America. Additionally, KYD may also use cloud storage and electronic servers that are located overseas.
5.6 By providing KYD with the Personal Information or any other information, you consent to KYD disclosing that information to overseas recipients on the basis that, whenever permitted by law, KYD is not required to take reasonable steps to ensure that any overseas recipient complies with Australia’s privacy laws and regulations.
6.1 If KYD 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 KYD as a result of its provision of the Products and Services, KYD must comply with the requirements of Part IIIC of the Privacy Act 1988 (Cth).
6.2 Other than as required under the Privacy Act 1988 (Cth) or any other applicable law, you acknowledge and agree that KYD 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 KYD 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 KYD. Despite the provisions of clause 5 or clause 6.1, to the full extent permitted by law, KYD disclaims any liability in that regard.
7.1 For the purpose of providing the relevant Products and Services to you and developing, reviewing and maintaining KYD’s systems, procedures and facilities KYD reserves the right to disclose, and you authorise KYD to disclose, the Personal Information provided by you to:
7.1.1 KYD’s directors, officers, employees, contractors, consultants, service providers. advisors, suppliers and agents;
7.1.2 KYD’s associated entities;
7.1.3 third party responsible for the provision of any Products and Services;
7.1.4 to any financiers and insurers in relation to a sale, purchase or hire of a motor vehicle or any claim or recovery action;
7.1.5 to any credit reporting agency for the purpose of accessing your credit information and providing information about you to such agencies, including if you default in your payments owed to KYD;
7.1.6 any person or entity considering acquiring or taking an interest in KYD’s business or assets (on a confidential basis); and
7.1.7 any other person or entity with your consent.
7.2 KYD may, at its sole discretion, disclose the Personal Information to any government, semi-government or statutory authority or any other person as may be required to comply with any laws, regulations, notices or orders.
8 YOUR ACCESS TO INFORMATION
8.1 Subject to clause 8.2, on your request, KYD will provide you with access to the Personal Information supplied by you within a reasonable time after your request at no charge to you.
8.2 Provided that KYD provides a reason for its actions, KYD may refuse to provide you with access to your Personal Information for any of the following reasons:
8.2.1 if accessing such information may put a person’s life or health at risk;
8.2.2 if accessing such information can have an undue effect on another person’s privacy;
8.2.3 if you make a vexatious or frivolous access request;
8.2.4 if accessing such information is against the law;
8.2.5 if accessing such information can have detrimental effect on an enforcement event associated with an illegal activity or any other infringement of law; or
8.2.6 if there are lawful dispute resolution actions that limit or prevent disclosure to such information.
9.1 By accessing or using the Site you agree to KYD sending commercial (including advertising, marketing and promotional) materials regarding the Products and Services offered by KYD or its associated entities, including email and phone messages. You may opt out of receiving these communications from KYD by giving KYD a written notice to that effect or unsubscribing from KYD’s mailing list using the relevant option in KYD’s emails or phone messages.
9.2 You warrant that you are authorised to use the email address and telephone number provided by you.
10.1 The Site contains or may contain an invitation service enabling you to invite others to use the Site. The service will allow you to import, at your direction, your contact list from certain email services used by you and to send an email on your behalf from your email address inviting people from your contact list to use the Site. The information you provide will be used solely to facilitate you sending the invitation and will not be stored or used by KYD for any other purpose.
10.2 If you are a recipient of such invitation and have elected to opt out from receiving any further invitations from the Site, KYD will retain your email address solely for the purpose of blocking any further email correspondence from it.
11.1 The Site may have links to other sites which may gather personal information from you. You acknowledge and agree that KYD 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.
12.1 Advertising, marketing and promotional material appearing on the Site may be delivered to you by KYD’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 most interest to you. This Privacy Policy does not cover the use of cookies by any third party advertisers and KYD takes no responsibility for the use of those cookies.
13.1 KYD reserves the right to suspend or terminate your account or your access to the Site or delete certain contents from your profile or public domain within the ambit of this Site if your account or its content is in breach or violation of this Privacy Policy.
14.1 In the event of the transfer of ownership of KYD’s business or the shares in KYD’s company, KYD reserves the right to transfer the Personal Information provided by you to KYD’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.
15.1 KYD is entitled to vary this Privacy Policy for any reason it deems necessary.
15.2 Once the variation takes effect, KYD will upload a new version of this Privacy Policy on the Site.
15.3 KYD recommends that you review this Private Policy from time to time to be aware of any variations.
16.1 You acknowledge and agree that:
16.1.1 you have read and understood this Privacy Policy;
16.1.2 you consent to the use and disclosure of the Private Information provided by you in accordance with this Privacy Statement; and
16.1.3 the information provided by you must be current, complete and accurate and in case of credit or loan facilities KYD will rely on that information to assess the relevant person’s eligibility for such facilities;
17.1 If you require access to the Personal Information provided by you or have any queries or complaints regarding your privacy and KYD’s use of your Personal Information, please contact KYD’s Privacy Officer by using the “Contact Us” form. If your query or complaint is not resolved in a satisfactory manner, you have a chance to refer your concerns to the Australian Information Commissioner appointed under the Privacy Act 1988 (Cth).
18.1 Where context permits, the term “KYD” used in this Privacy Policy includes all of KYD’s directors, officers, employees, contractors, consultants, agents and any other person claiming through or under KYD.
18.2 The term “associated entity” used in this Privacy Policy has the meaning ascribed to this term under the Corporations Act 2001 (Cth).
