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    Privacy Policy

    JUNE 2024

    1. INTRODUCTION

    CarExpert is committed to protecting your privacy.  Please read this Privacy Policy carefully to learn more about how we collect and use your information. This Privacy Policy when read together with the Terms of Use governs your interactions with our Website, Services and Products, as well as your professional interactions with CarExpert. By interacting with the Website, the Services or the Products, submitting information to Us or signing up for any services offered by Us, you agree and consent to CarExpert, as well as our respective representatives collecting, using, disclosing and sharing amongst themselves your Personal Data, non-PII and disclosing such Personal Data and non-PII to our authorised service providers and relevant third parties in the manner set forth in this Privacy Policy.

     

    2. DEFINITIONS

    The following expressions shall, unless the otherwise expressly stated, bear the following meaning:

    CarExpert, Our, Us, We refers to CarExpert Pty Ltd and its Related Corporation(s).

    Non-PII means any information that cannot be used to identify a particular individual.

    Personal Data means any data or information which either jointly with other data or on its own can be relating directly or indirectly about you (or any person) from which you (or such person) can be identified either (a) from that data; or (b) from that data and other information to which we have or are likely to have access including any sensitive personal data and expression of opinion about you. 

    Privacy Policy shall mean this policy and shall include all such further and future amendments.

    Process, Processing shall mean any dealings by Us with the Personal Data including but without limitation to the collection, recording, holding, storing, use and disclosure of the Personal Data and shall further include, but not be limited to, the organisation, adaptation, alteration of the Personal Data, the access to, retrieval, consultation or use of the Personal Data, the disclosure of the Personal Data by transmission, transfer, dissemination or otherwise making available or the alignment, combination, correction, erasure or the destruction of the Personal Data.

    Products means physical and digital products that CarExpert and its partners may provide to you from time to time for free or for a fee.

    Related Corporation means any subsidiary or holding/parent company of that corporation or any subsidiary of that holding/parent company, or any other affiliated legal entity with whom we are under common corporate control, which has agreed to comply with the terms of this Privacy Policy. 

    Services means any services and/or products and/or a combination of both provided by CarExpert, our Related Corporation(s), authorised agents, authorised affiliated partners or associates and shall include the Website. Any references to “Services” in this Privacy Policy shall mean all of the Services or any of them as the context requires. 

    A reference to “person(s)” shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa.

    A reference to you or the user is a reference to a user of any of the Website, Services or Products.

    3. HOW MAY WE COLLECT YOUR INFORMATION? 

    We may collect your information in various ways including but not limited to those described below.  If you wish to stop and/or prohibit us from collecting your Personal Data, we may no longer be able to provide the relevant Services or Products to you.

    1. During any signing-up/registration process – any personal information provided by you if you sign up or register for anything on the Website, Services or Products.
    2. In person – at any of our events.  
    3. From your use of the Website, Services or Products – when using the Website and/or the Services or Products we will ask you, among other things, to provide Non-PII and your Personal Data such as your preferred language, your email address, your mobile number or other unique device identifiers assigned to your device. We may collect this in a variety of ways including through our “Ask the Expert” function. In addition to this Personal Data and in accordance with applicable law, we and/or our third-party service providers may use a variety of technologies that automatically (or passively) collect certain Personal Data and Non-PII whenever you visit or interact with the Website, the Services or the Products. Such information may include, among others, the browser that you are using, the IP address of your device, areas of the Website that you visit and time of the day of your visit. In addition, tracking information may be collected as you navigate or use the Website, the Services or the Products. For users who are using the Website and switch on the location services, the location of your mobile device/other apparatus and movement thereof may be captured. We may collect this information for various purposes including to provide you with support, to send you promotions and offers, to enhance the Website, Services and the Products and for our internal business purposes. 
    4. Use of “Cookies” – some information will be gathered through the use of “cookies”. “Cookies” are small bits of information that are automatically stored on a person’s web browser. We use cookies to enhance your experience visiting our sites, for example, cookies allow us to save preferences for you so that you will not have to re-enter them the next time you visit. Cookies also help us to collect anonymous click stream data for tracking user trends and patterns. The use of “cookies” is common. If you wish, you may reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. Please take note that areas of certain sites will not function properly if you set your browser to not accept cookies.You should be aware that CarExpert cannot control the use of cookies (or the resulting information) by third-parties and use of third-party cookies is not covered by this Privacy Policy.

       

    5. Use of Web Beacons and other Technologies – small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) or other similar technologies may be included in the Website.  The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on Web pages. Web beacons or similar technologies help us to better manage content on the Website by informing us what content is effective, count users, monitor how users navigate the Website or to count how many particular articles or links were actually viewed. 
    6. Embedded Scripts – an embedded script is programming code that is designed to collect information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provide and is active only while you are connected to the Website and is deactivated or deleted thereafter.
    7. Social Media and Widgets – the Website and/or the Services/Products may include social media features, such as the Facebook Like button, Twitter, Pinterest and widgets such as a “Share This” button, or interactive mini-programs that run on our Services. Social media features and widgets are either hosted by a third party or may be hosted directly on the Website. We have no control over such linked sites, applications and widgets and we cannot accept responsibility for the conduct of such companies. Your interactions with these features and widgets are governed by the privacy policy of the relevant company providing them. Before disclosing your Personal Data on any other website or using these applications or widgets we advise you to examine the terms and conditions of using that website and the relevant third-party’s data collection practices and control in their respective privacy policies.
    8. Marketing Communications & Postings – We may collect your Personal Data through direct communications with you (including by way of SMS, MMS, any form of text, e-mails, telephone conversations and any other mode of telecommunications) and when you respond to requests from us. The Personal Data will be collected with your knowledge and consent and is provided by you voluntarily. If you do not agree to this information being collected and used by us then you should not provide or post it, which in turn means that you may not be able to participate in or receive the full benefit of such communications, polls, questionnaires or surveys.
    9. Non-PII –Specific or aggregate information may be collected to help maintain accurate accounts, assist in marketing of our Products and Services and to help make the Website and the Services and Products more useful to you. CarExpert may provide aggregated statistical information about user behaviour to reputable third parties. For avoidance of doubt, such information collected or collated as part of a statistic, is not Personal Data.

    4. HOW WE MAY PROCESS PERSONAL DATA 

    Your Personal Data may be processed for various purposes, including but not limited to the following purposes:

    1. to provide the Website, Services and Products to you;
    2. to contact you, manage any account you may have with us and to promote and market to you (including but not limited to by way of direct mail, SMS, MMS, any form of text, e-mail and/or any other mode of telecommunications) other services or products provided by us or our Related Corporation(s) and/or strategic partners, products, services, promotion, special offers of third parties whose products and services we think may be of interest to you; 
    3. to help us to monitor and improve the performance of our Services and Products;
    4. to maintain and develop our services, business systems and infrastructure, including testing and upgrading of our systems and infrastructure;
    5. to gain an understanding of you in order for us to enhance our Website, Services or Products or to personalise them for you or to improve your overall experience;
    6. to conduct research and development and statistical analysis in connection with the Website, Services or Products and to identify your needs, preferences and market trends;
    7. to investigate and resolve any service issues, complaints or other enquiries regarding the Website, Services or Products; 
    8. to detect and prevent fraudulent or criminal activity;
    9. to comply with any law, rule or regulation to which we are subject; 
    10. to verify your identity and to conduct background checks and/or credit worthiness checks on you (if required); 
    11. any other uses to which you have explicitly consented; and
    12. such other uses as we may deem reasonably necessary to provide the Website, the Services or the Products.

    We may also use certain de-identified and aggregated data about you for our internal data analytics purposes. We have a legitimate business interest to use the Personal Data we collect from you to provide such requested services and in order to be able to service our clients better. With your consent, we may send you information or services or a promotional nature that we consider may be relevant to you.  If you do not provide your consent to receive direct marketing communications, you may opt-out of receiving marketing communications from us by updating your communication preferences on our members preference centre, contacting us at the details below or by using opt-out facilities provided in our communications.

    5. TRANSFER AND STORAGE OF NON-PII AND PERSONAL DATA OVERSEAS 

    Please note that all of your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the countries in which these computer networks are located may not have privacy laws as protective as the laws in your country, however, we will inform them of their obligations to comply with all applicable data protection laws. When you provide us with your Personal Data, you also consent to your Personal Data and Non-PII being transferred overseas.

    We may also share your Personal Data with our service providers and other third parties located outside of the country in which you reside so that they can provide you with any products or services requested by you, including contacting you in relation to the products or services. As these entities are located outside of the country in which you reside, the legal framework in relation to personal data protection or privacy protection may vary in degree in different countries/jurisdictions, however, we will inform them of their obligations to comply with all applicable data protection laws.  

     

    6. DISCLOSURE TO THIRD PARTIES 

    Your Personal Data or non-PII may be disclosed to third parties, including but without limitation to the following persons:

    1. any of our Related Corporation(s);
    2. any person engaged/contracted/appointed by us (including, but not limited to, our employees, workers, staff, shareholders, directors, agents, contractors, business or strategic partners or associates) to facilitate the performance and provision of the Website, the Services and the Products and/or any other purpose which is necessary or related to the provision of the Website, the Products or the Services to you which may include but not be limited to:
      1. any analytics partners to provide analytics on usage of the Website;
      2. any service providers which may include hosting, technology and communication providers, support and customer service vendors;
    3. dealers for the purposes of providing you with dealer services;
    4. to buyers as part of our marketplace;
    5. providers of finance an payment channels including but not limited to financial institutions;
    6. any person for the performance of a contract to which you are a party;
    7. any person as required by law, rule or regulation to which we are subject;
    8. any person for the assessment or collection of any tax or duty or any other imposition of a similar nature; 
    9. any person for the purpose of responding to services or technical issues; 
    10. our professional advisors on a need to know basis for the purpose of those advisors providing advice to us;
    11. any person which acquires all or part of the assets or business of CarExpert or its Related Corporations;
    12. any person when there is a complaint, dispute or conflict, including an accident; 
    13. any person in order to enforce the Terms of Use governing your use of the Website, Services or Products; 
    14. any person if it is necessary, in our sole discretion, to protect the safety, rights, property or security of CarExpert or its Related Corporations, the Website, the Services, the Products or any third party; 
    15. any person in order to detect, prevent or otherwise address fraud, security or technical issues and/or to prevent or stop any activity which in our sole discretion is deemed to be illegal, unethical, unlawful, or poses a serious risk to the society in general; and 
    16. otherwise as permitted under the applicable law.

    7. YOUR OBLIGATIONS

    You are responsible for updating your Personal Data with us and you hereby confirm that all Personal Data furnished to us is true, accurate, complete, not misleading and kept up-to-date at all times. You shall immediately report and notify us in the event of any error or necessary update in the Personal Data which you have submitted and/or provided to us and/or otherwise collected by us whether through your usage of the Website, the Services or the Products or otherwise. 

    If you do not wish to receive certain information from us whether via SMS, MMS, or any form of text, e-mail or otherwise you shall notify us and request to be excluded from such services, failing which you shall deemed to have accepted the services voluntarily.

    We shall not be responsible for any Personal Data made available by you on any third-party sites which may have a link on the Website, the Services or the Products.

     

    8. SECURITY

    We take reasonable precautionary measures to safeguard your Personal Data and non-PII against loss, theft, unauthorised access, or use. However, please note that we cannot guarantee the security of your Personal Data or non-PII and we do not assume or accept any liability for any improper access or use of it or any theft or loss of it.

     

    9. YOUR DECLARATION

    BY AGREEING TO THIS PRIVACY POLICY AND/OR BY CONTINUING TO USE THE WEBSITE AND/OR THE SERVICES AND PRODUCTS, YOU ACCEPT AND AGREE TO YOUR PERSONAL DATA AND NON-PII BEING COLLECTED, PROCESSED AND DISCLOSED BY US AS SET OUT IN THIS PRIVACY POLICY. 

    PLEASE TAKE NOTE THAT YOU MAY REFUSE TO PROVIDE US WITH ANY PERSONAL DATA AND TO TERMINATE YOUR RELATIONSHIP WITH CAREXPERT AT ANY TIME.

     

    10. YOUR RIGHTS

    • Right to be informed & right to access: You are entitled to make a written request to us for information of the Personal Data that is being processed by or on behalf of CarExpert. The provision of the Personal Data or a copy of it will be subject to payment of a prescribed fee. We may be entitled to refuse your request in accordance with applicable laws only.   
    • Right to correct your Personal Data: You may also request for correction and/or modification in relation to any of your Personal Data.  If you are concerned with the confidentiality of any information given or you wish to correct any Personal Data provided by you to us, kindly contact us at privacy@carexpert.com.au.
    • Right to prevent processing for direct marketing purpose: If you do not wish to receive certain information from us whether via SMS, MMS, or any form of text, e-mail or otherwise you shall notify us at privacy@carexpert.com.au and request to be excluded from such services or click the “unsubscribe” link at the bottom of any marketing email, failing which you shall deemed to have accepted the services. 
    • Right to prevent processing of data likely to cause distress & right to withdraw consent:  You are entitled to inform us in writing should you wish us to stop processing your data but we may not be able to provide the CarExpert Services to you.

    11. AMENDMENTS TO THIS PRIVACY POLICY

    CarExpert reserves all rights to amend, modify, vary, terminate, delete and/or add any part or all of this Privacy Policy at any time and from time to time and any notice in relation to any such amendment, modification, variation, termination, deletion and/or addition shall be posted on the Website, the Services or the Products. Your continued usage of the Website, the Services or the Products after being notified of any changes to this Privacy Policy shall be deemed to be an agreement by you to such changes. If you do not agree to any such changes, you may terminate any agreement between you and CarExpert in relation to your use of the Website, Services or Products.  

     

    12. LAW AND JURISDICTION

    These Privacy Policy, and any non-contractual obligations arising out of or in connection with them, shall be governed and construed in accordance with the laws of Queensland, Australia. Any dispute arising out of or in connection with these Privacy Policy (including as to the existence, validity, interpretation, performance, breach or termination thereof) or any dispute regarding non-contractual obligations arising out of or in connection with the Privacy Policy will be subject to the exclusive jurisdiction of Queensland, Australia.

     

    13. DIGITAL MEASUREMENT

    Our properties may feature Nielsen proprietary measurement software, which will allow you to contribute to market research, like Digital Content Ratings. To learn more about the information that Nielsen software may collect and your choices with regard to it, please see the Nielsen Digital Measurement Privacy Policy at https://www.nielsen.com/legal/privacy-principles/digital-measurement-privacy-statement/