Fleetsu Pty Ltd

(ACN 602 888 022)

(“Fleetsu”)

 

Fleetsu Privacy Policy

1 General

1.1 This Privacy Policy (Policy) should be read in conjunction with Fleetsu’s Subscription and Website Terms and Conditions (Terms and Conditions).

1.2 Unless otherwise specified, capitalised terms used in this Policy have the same meaning as in the Terms and Conditions.

1.3 In this Policy:

(a) Claim means any claim in law or equity, or under statute, for a remedy of any nature whatsoever, whether contingent, prospective, actual or otherwise and including any and all claims, actions, sums of money, arbitrations, suits, counterclaims, demands, causes of action, debts due, verdicts, judgments, Losses, User Account reckonings, proceedings and charges;

(b) Law means any law or legal requirement, including at common law, in equity, under any statute, regulation or by-law and any decision, directive, guidance, order, decree, guideline or requirements of any authority;

(c) Loss means any damage, loss, expense and cost whatsoever including any cost or expense regarding any Claim and any legal costs and expenses of any nature;

(d) Services means the Fleetsu Services as defined in the Terms and Conditions and any other service that Fleetsu supplies to you from time to time;

(e) User, you or your means any person who accesses and uses the Services, Products or Website;

(f) User Account means a unique account given to a User in relation to the Services, Products or Websites, which is linked to and is accessible by that User on the Products or Website upon successful completion by that User of Fleetsu’s registration procedure; and

(g) Website means https://fleetsu.com/ or any other website operated by Fleetsu.

1.4 This Policy forms part of and is incorporated into the Terms and Conditions.

1.5 This Policy has been prepared in accordance with:

(a) applicable Australian privacy and data protection laws, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles contained therein; and

 

(b) the General Data Protection Regulation (EU) 2016/679 (GDPR),

as applicable.

1.6 This Policy applies to Fleetsu’s collection and disclosure of your Personal Information (as defined in clause 2.2) when you use the Services, Products, Website or register a User Account.

1.7 This Policy is intended to describe what information Fleetsu collects and/or processes; how Fleetsu uses it; and under what circumstances, if any, Fleetsu discloses any Personal Information. Please read this Policy before using the Services, Products or Website or before submitting any Personal Information to Fleetsu. By using the Services, Products or Website or otherwise providing or submitting any Personal Information to Fleetsu, you are agreeing to and accepting the practices described, in this Policy.

1.8 Fleetsu may in its absolute discretion elect to amend or replace this Policy by uploading a revised Policy on the Website from time to time. A copy of the most up to date version of this Policy will be made available to view Here. Any changes made to this Policy will apply immediately from the date Fleetsu uploads the revised Policy onto the Website. In addition, Fleetsu may, but is not obliged to, notify you by email of any updates to this Policy.  Fleetsu strongly encourages you to refer to this Policy on an ongoing basis to understand your rights under this Policy. Unless otherwise stated, the most current version of the Policy will apply to all information Fleetsu has about you. If you do not agree with the practices outlined in this Policy, you must immediately stop accessing or using the Services, Products or Website and take steps to cancel your User Account.

2 Types of Information Collected

2.1 When you register for a User Account or use the Services, Products or Website, Fleetsu may collect Personal Information, Sensitive Information and Statistical Information which relate to you. Those terms are defined in clauses 2.2, 2.3 and 2.4 below, respectively.

2.2 Personal Information includes information which identifies a natural person, or by which the person’s identity may be reasonably determined. It may include a person’s full name, mailing or residential address, date of birth, bank account details, signature, credit card details, phone number and email address, credit information, employee record information, tax file number information as well as “personal data” (for the purposes of the GDPR) or Sensitive Information. For the purpose of this Policy, the term Personal Information also includes:

(a)      information Fleetsu collects through your interactions with Fleetsu or other interactions with the Services, Products or Website; and

(b)     personal information obtained from a third party which, under and in accordance with the Privacy Act, may lawfully be exchanged.

2.3 Sensitive Information includes information (or an opinion) about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices or criminal record, as well as information about an individual’s health, genetic information or biometric information.

2.4 Statistical Information includes the internet protocol (IP) address of your device used to connect to the Services, Products or Website owned by Fleetsu, time zone setting, language preferences, Location Data, information about your browser, phone, hardware and software (including your hardware model, operating system version, device memory, advertising or unique application or device identifiers and (potentially) information about your applications installed, battery level) as well as other information which does not identify you personally, but which tracks your usage of the Services, Products or Website.

2.5 Fleetsu also collects information automatically (through the use of cookies) on the Website as discussed in this Policy further below.

3 Personal Information about third parties

3.1 If at any time you supply Fleetsu with Personal Information or Sensitive Information about another person, you must ensure that you have written consent from that person to do so, and you must agree to inform that person about Fleetsu, this Policy and the fact that Fleetsu may use and disclose their Personal Information in accordance with and for the purposes outlined in this Policy.

4 How Fleetsu collects Personal Information

4.1 Fleetsu will not ordinarily collect any Personal Information about you except where you provide it to Fleetsu (either directly, or through posting or interacting with the Services, Products or Website), or where it is provided to Fleetsu with your authority.

4.2 Fleetsu collects Personal Information when you:

(a) take steps to register a User Account, enquire about or sign up for and use the Services, Products or Website;

(b) interact with the Services, Products or Website;

(c) provide Fleetsu with feedback, make an enquiry or request of Fleetsu or make a complaint; and/or

(d) do business with Fleetsu via the Services, Products or Website.

4.3 In the event Fleetsu receives unsolicited Personal Information about you (ie. where Fleetsu has taken no active steps to collect the Personal Information), it will only be collected where:

(a) such collection is reasonably necessary for one or more of Fleetsu’s functions or activities or that of the Services, Products or Website; and

(b) Fleetsu either:

(i) obtains your consent; or

(ii) is authorised or required to do so by Law.

4.4 Where clause 4.3 does not apply, Fleetsu will (as soon as practicable) destroy or de-identify any unsolicited Personal Information that Fleetsu receives.

4.5 Where clause 4.3 applies, Fleetsu will treat the Personal Information in accordance with the Privacy Act and this Policy.

5 How Fleetsu uses Personal Information

5.1 Fleetsu may use Personal Information for the purposes set out in clauses 5.2 to 5.4. Fleetsu will make every reasonable effort to advise you of the specific purposes for which Fleetsu is required to collect your Personal Information before that Personal Information is to be collected.

5.2 To provide, develop and improve the services

You authorise Fleetsu to use your Personal Information to:

(a) contact you in relation to your use of the Services, Products, Website or your interaction with Fleetsu, including (without limitation) to notify you of any modifications to Fleetsu’s Terms and Conditions or this Policy;

(b) provide the Services, Products or Website, including (without limitation) to locate and manage your vehicles in real time, integrate with your log books, provide safe driving notices, manage your electric vehicle data and any other services Fleetsu provides to you;

(c) notify you about communications or alerts you have consented to receive via the Services, Products or Website;

(d) make improvements to the Services, Products or Website. For example, Fleetsu may track any troubleshooting issues and compatibility issues with various operating services via the Website and devices to ensure Users have proper and stable access to the Services, Products or Website, and to implement updates where necessary; and

(e) measure the performance of Fleetsu’s Services, Products or Website and to understand how they are used. For example, Fleetsu may analyse Users’ interactions with the Services, Products or Website so Fleetsu can optimise the experience of its Users.

5.3 To ensure compliance

Additionally, the purposes for which Fleetsu will generally collect and use your Personal Information will include:

(a) to comply with all Laws (including but not limited to, where considered necessary by Fleetsu, verifying your identity to prevent fraud or other unauthorised or illegal activity);

(b) to co-operate with authorities in relation to any investigation into any User of the Services, Products or Website;

(c) to perform Fleetsu’s administrative operations, including accounting, risk management, payment processing, record keeping, archiving, and development and testing; and

(d) to manage Fleetsu’s rights and obligations under the Terms or Conditions or this Policy.

5.4 Marketing and other Communications

Fleetsu may send you email marketing and SMS notification and other communications to (variously):

(a) provide you with information about the Services, Products or Website;

(b) invite you to participate in promotions or ask you for feedback; and/or

(c) communicate with you for other marketing purposes.

Fleetsu will always provide you with the option to unsubscribe from Fleetsu’s marketing communications. If you do not want to receive marketing communications from Fleetsu, please contact Fleetsu through the Website or by email.

6 How Fleetsu collects Statistical Information

6.1 Fleetsu will collect any Statistical Information about you where you provide it to Fleetsu (either directly, or through posting or interacting with the Services, Products or Website), or where it is provided to Fleetsu with your authority.

6.2 Fleetsu will only collect Location Data when you expressly provide your consent via the Services or Products. If you consent to your background location services being turned on, Fleetsu will be able to collect your Location Data even if you are not directly using the Services or Products.

6.3 You have the ability to disable Fleetsu’s collection of Location Data, at any time during your use of the Services or Products by turning your background location services off.

7 How Fleetsu uses Statistical Information

You authorise Fleetsu to use the Statistical Information about you, which Fleetsu collects in accordance with this policy, to provide the Services, Products or Website, including (without limitation) to:

(a) locate and manage your vehicles in real time;

(b) report on historical movements and historical location of your vehicles; and

(c) make available any other services Fleetsu provides to you.

8 Disclosure of Personal Information

8.1 By accessing the Services, Products or Website, you consent to the disclosure of your Personal Information in accordance with this Policy. You acknowledge that in using the Services, Products or Website you are consenting to the disclosure of Personal Information, which you provide in the course of using and interacting with the Services, Products or Website.

8.2 Fleetsu takes the protection of your Personal Information very seriously. Fleetsu will only disclose your Personal Information to its employees, officers, insurers, professional advisers, agents or contractors (including potentially where these parties are based overseas) insofar as such disclosure is necessary to enable Fleetsu to perform its obligations and to act in accordance with this Policy. Such Personal Information will not be disclosed or used other than as specified in this Policy without your express consent, which will be stored in Fleetsu’s records.

8.3 Fleetsu will not use or disclose your Personal Information for any purpose other than as disclosed in this Policy unless:

(a) Fleetsu has obtained your consent to its use or disclosure; or

(b) the purpose is related to the purposes disclosed in this Policy and an individual would reasonably expect Fleetsu to use or disclose that Personal Information in that manner.

8.4 Fleetsu may also disclose your Personal Information to other third parties from time to time. Subject to what is permitted by Law, the types of third parties to whom Fleetsu may disclose your Personal Information may include:

(a) Fleetsu’s agents, contractors and external advisors (such as legal and financial advisors) whom Fleetsu engages from time to time to carry out, or advise on, Fleetsu’s functions and activities;

(b) business partners; and/or

(c) regulatory bodies, government agencies, law enforcement agencies and courts.

8.5 Unless otherwise specified in this Policy or as required by Law, you authorise Fleetsu to disclose your Personal Information and Statistical Information to third parties:

(a) where Fleetsu assigns, transfers, sells or otherwise licenses its rights under the Terms and Conditions to a third party. Where this occurs, Fleetsu will notify you using the Personal Information linked to your User Account;

(b) where Fleetsu reasonably believes (acting in good faith) that such disclosure is necessary in order to investigate, prevent or take action regarding illegal activities (including without limitation actual or suspected fraud), situations involving potential threats to the physical safety of any person, violations of the Terms and Conditions or this Policy, or as otherwise required by Law;

(c) in a business transaction including (but not limited to) a merger with or acquisition by another company, or the sale of all or a substantial portion of Fleetsu’s assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, Fleetsu will (if possible) notify you using the Personal Information linked to your User Account; and

(d) where such disclosure is required by Law, or where Fleetsu reasonably believes in good faith that such disclosure is necessary to protect Fleetsu’s rights.

8.6 You consent to Fleetsu disclosing Statistical Information to third parties including, without limitation, to analytics companies and Fleetsu’s business partners, to help Fleetsu understand usage patterns, to assist in the product development and for advertising purposes (subject to what is permitted by Law).

8.7 Fleetsu may from time to time disclose your Personal Information to overseas entities who may not be bound by Australian Law. Where Fleetsu discloses your Personal Information to overseas recipients, Fleetsu will make every reasonable effort in the circumstances to ensure that the overseas recipients comply with this Policy and any applicable Australian Law concerning the protection of Personal Information, unless:

(a) Fleetsu reasonably believes that the overseas recipient is bound by privacy Laws that are substantially similar to the Privacy Act, or no less onerous than, which can be enforced against the overseas recipient; or

(b) you give Fleetsu an informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian Law; or

(c) the disclosure to an overseas recipient is authorised or required by Australian Law (including the Privacy Act).

9 How Fleetsu Uses Cookies

9.1 If you register a User Account or continue to access the Services, Products or Website, you agree to Fleetsu’s use of tracking technologies, referred to as cookies, to track and record your usage. Cookies are text files placed on your computer or compatible device to collect standard internet log information and visitor behaviour information.

9.2 When you access or use the Services, Products or Website, Fleetsu will automatically use cookies to collect technical information including:

(a) Statistical Information; and

 

(b) information about your interaction with the Services, Products or Website or activity on third party websites which are linked to the Services, Products or Website.

9.3 You may control the technical information Fleetsu collects, including through your browser or device settings. In doing so, you:

(a) acknowledge some of the services may not function properly if you choose to disable cookies; and

(b) release Fleetsu and any of its related bodies corporate from any and all Claims and liability which may arise out of, result from, or relate in any way to your decision to disable cookies (including any limitation on your ability to use the Services, Products or Website).

10 GDPR

10.1 Fleetsu will comply with the principles of data protection (including as set out in the GDPR) for the purpose of fairness, transparency and lawful data collection and use.

10.2 Fleetsu will process Personal Information as a processor and/or, to the extent relevant, as a controller (as those terms are defined in the GDPR).

10.3 Fleetsu must have a legal basis to process Personal Information which it collects. Fleetsu relies on several legal bases to process Personal Information in accordance with this Policy, including:

(a) where the person has consented to the processing of Personal Information by Fleetsu (which consent may be withdrawn at any time);

 

(b) for Fleetsu’s legitimate interests to operate, provide or improve the Services, Products or Website;

 

(c) where necessary to provide access to, and use of, the Services, Products or Website; and/or

 

(d) where Fleetsu is authorised or required by Law to do so.

10.4 Fleetsu will only process any Personal Information that is considered Sensitive Information if the person (to whom that information relates) expressly consents to it being provided to Fleetsu.

10.5 Where a person has (directly or indirectly) provided consent to Fleetsu processing their Personal Information, the consent may be withdrawn at any time with future effect – i.e. the withdrawal of consent does not affect the lawfulness of processing based on the consent before its withdrawal. If consent is withdrawn, Fleetsu will only continue processing the person’s Personal Information where Fleetsu is permitted or obliged to do so by Law (including under the GDPR).

11 Your Rights Under this Policy

11.1 This clause 11 sets out the rights you have in relation to how your Personal Information is obtained and used.

11.2 Except as otherwise provided by Law, you have the following rights in connection with your Personal Information Fleetsu has collected:

(a) the right to be informed how your Personal Information is being used;

 

(b) the right to access your Personal Information (and Fleetsu will provide you with a free copy of it);

 

(c) the right to correct your Personal Information if it is inaccurate or incomplete;

 

(d) the right to delete your Personal Information (which is also known as “the right to be forgotten”);

 

(e) the right to restrict processing of your Personal Information;

 

(f) the right to retain and reuse your Personal Information for your own purposes;

 

(g) the right to object to your Personal Information being used; and

 

(h) the right to object against automated decision making and profiling.

11.3 You are encouraged to contact Fleetsu at any time if you wish to exercise your rights in relation to this Policy. Fleetsu reserves the right to request you verify your identity before Fleetsu acts on any request made by you.

12 Storage of Personal Information

12.1 Fleetsu implements a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is held on Fleetsu’s company servers located Sydney, New South Wales, Australia (as determined by Fleetsu from time to time) in a controlled, secure environment where it is protected from unauthorised access, use or disclosure.

12.2 Fleetsu‘s servers may at times in future be located overseas in countries which are not bound by the Privacy Act, including, without limitation, the United States of America, and you hereby expressly consent to the disclosure of your Personal Information to overseas recipients. In doing so, you agree that Fleetsu is not obliged to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to that information.

13 Security of Personal Information

13.1 Fleetsu will use all reasonable efforts to keep secure your Personal Information, Statistical Information and all other information that you transmit to Fleetsu through your use of the Services, Products or Website, your interaction with Fleetsu or otherwise. Fleetsu will take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, your Personal Information.

13.2 Notwithstanding clause 13.1 above, you acknowledge the internet is inherently insecure and no data transmission online can be guaranteed as fully secure. Accordingly, Fleetsu cannot guarantee or warrant the security of any information (including Personal Information) you provide through your use of the Services, Products or Website. You understand that any Personal Information you send online or otherwise provide to Fleetsu is done so at your own risk.

13.3 If Fleetsu becomes aware of a breach of security in relation to your Personal Information, Fleetsu will immediately use all reasonable endeavours to take action to remedy the security breach, in order to limit the risk caused by unauthorised access to, or unauthorised disclosure of, your Personal Information before any serious harm is suffered as a result of the breach.

13.4 If Fleetsu becomes aware of a breach of security, and a third party has, without authorisation:

(a) accessed your Personal Information; or

(b) disclosed your Personal Information to another third party,

(Data Breach),

and a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you, then Fleetsu will (as required by Law) notify you and the Office of the Australian Information Commissioner (OAIC) with details of the Data Breach, including details of how Fleetsu believes the Data Breach has occurred and the Personal Information to which such Data Breach relates, and the steps that you can take in response to the Data Breach.

13.5      If Fleetsu becomes aware of a Data Breach in which your Personal Information is lost, and Fleetsu has reasonable grounds to believe that:

(a) unauthorised access to, or unauthorised disclosure of, your Personal Information is likely to occur; and

(b) if unauthorised access to, or unauthorised disclosure of, your Personal Information occurs, a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you,

then Fleetsu will notify you and the OAIC with the details of the Data Breach, including details of how Fleetsu believes the Data Breach has occurred and the Personal Information to which such Data Breach relates, and the steps that you can take in response to the Data Breach.

13.6      You acknowledge and understand that if you access the Services, Products or Website from outside Australia, other entities including, potentially, foreign governments, may collect, use and disclose your Personal Information in ways which differ from this Policy and the Laws of Australia, and that Fleetsu will in such circumstances have no control over such collection, use and disclosure of your Personal Information (and is not liable in relation to such collection).

14 How long your Personal Information is stored

14.1 You consent to Fleetsu retaining your Personal Information for as long as necessary to fulfil the purposes for which Fleetsu has collected it, including in order to satisfy any Law.

14.2 To determine the appropriate retention period for Personal Information, Fleetsu will consider the amount, nature and sensitivity of the Personal Information collected from you, the potential risk of unauthorised use or disclosure of your Personal Information, the purposes for which Fleetsu processes the Personal Information and whether Fleetsu can achieve those purposes through other means. Fleetsu will also at all times have regard to the applicable legal requirements under the GDPR and/or the Privacy Act (as applicable).

15 Third parties

15.1 Where Fleetsu provides your Personal Information to third parties in accordance with this Policy, you acknowledge and agree that:

(a) the use of your Personal Information by third parties is not in Fleetsu’s reasonable control;

(b) third party websites may place their own cookies or other files on your computer or telephone device, solicit Personal Information from you and may or may not use your Personal Information in accordance with their own privacy policies which may differ from this Policy; and

(c) it is your responsibility to familiarise yourself with the privacy policy of any third party website you visit which collects Personal Information about you and to use your discretion when providing such Personal Information.

15.2 If Fleetsu discloses Personal Information to a third party, Fleetsu will always act to protect it in accordance with this Policy. However, you agree that Fleetsu will not be liable for any Loss or liability which may be incurred as a result of, or in connection with, or in relation to, any use of your Personal Information by a third party to whom Fleetsu validly disclosed the Personal Information (and you agree to make no Claim against Fleetsu in that regard).

16 How to Contact Fleetsu

16.1 If you believe that the privacy of your Personal Information has been compromised or that your Personal Information has not been used in accordance with this Policy, you should contact Fleetsu as soon as possible using the means on the Website or at:

Email:         contact@fleetsu.com

Phone:       1300 887 209; or

Mail:           Attention: Dale Wright – Privacy Compliance Officer

Fleetsu Pty Limited, Level 6, U601, 102 James Street, 6003 Northbridge, WA

16.2 Your complaint will be taken seriously and addressed in accordance with our Terms and Conditions.

17 How to Contact the Office of the Australian Information Commissioner

If you do not receive a satisfactory response from Fleetsu, or you believe that Fleetsu has not handled your complaint satisfactorily, you may wish to refer your complaint to the OAIC at:

Address:    GPO Box 5218, Sydney NSW 2001

Email:         enquiries@oaic.gov.au

Phone:       1300 363 992

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