Prior to: 6 September 2023

This is the Privacy Policy adopted by Fusion Software Development Pty Ltd (ACN 161 581 200) (“Fusion”) ("we", "us" and when relating to us, "our").

We are committed to protecting your ("you" and when relating to you, "your") privacy and complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (“Privacy Act”).

1. Personal Information we Collect

The information we collect includes, without limitation:

• Your contact details such as name, role or position, address, email address, mobile number, landline number and fax number;
• Information relating to you and your circumstances and affairs;
• Information regarding our communications with you including your responses and information which you provide.
• The app collects location data in the background to enable for the Test Drive only when it's in progress to track the location on map for the test drive route. The app does not collect location data when it's closed (test drive not in progress in app) or not in use.

2. Method of Collection

We collect personal information by various means including when:

• You provide information in the course of dealing with this motor vehicle dealership;
• You contact this motor vehicle dealership with a question or inquiry;
• You subscribe to any newsletter or general updates.

3. Use of Information

3.1 Generally

• We will use information we collect to better our software and/or products and services we or this motor vehicle dealership provides to you.

3.2 Disclosure to Third Parties

Subject to our confidentiality obligations, we may share some relevant personal information:

• With parties to transactions that are contained in or referred to in this software as part of the products and services provided by this motor vehicle dealership;
• With government authorities and service providers as reasonably required to provide you products and services;
• With our e-mail marketing providers for the purposes of providing you our newsletter, invitations and updates;
• With third party service providers who assist us with ancillary services provided through our software or this motor vehicle dealership; and
• If required by law to do so or in circumstances permitted by the Privacy Act – for example, where we or this motor vehicle dealership have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been is being or may be engaged in, in response to a subpoena, discovery request or a court order.

3.3 Disclosure to OEM

• In this clause:
  
  OEM means the vehicle manufacturer or Licensee of a Manufacturer holding the right to represent a motor vehicle brand and manufacturer within a specified region.
  Grantee means you.
• Where you are a Grantee, we will, and you irrevocably and unconditionally authorise us to share your Personal Information and other information required by the OEM.

3.4 Disclosure to Third Parties Outside the Jurisdiction of Collection

• Some of the third parties described above including our service providers and related bodies corporate may be located outside of Australia.

4. Marketing

• We may, from time to time, send you newsletters, invitations and updates about our or this motor vehicle dealership’s products and services. You can opt out of receiving such communications by notifying us using our contact details or by clicking the "unsubscribe" option at the bottom of any marketing e-mail received from us or this motor vehicle dealership.

5. Security

• We take reasonable physical, technical and administrative safeguards to protect your information from misuse, interference, loss, and unauthorised access, modification and disclosure.
• We do not warrant that our website, any software and products will be forever free from sophisticated viruses, malware, ransomware and the like and not provide any indemnity in respect of any loss or damage resulting from any such attack.

6. Access/correction/updating information:

• You can contact us to access, correct or update your personal information. Unless we are subject to confidentiality obligation or some other restriction on giving access to the information and we are permitted to refuse you access under the Privacy Act, we will endeavour to make your information available to you within 30 days. Examples of circumstances where we may refuse to give you access to your personal information include where:
  • Giving access would be unlawful;
  • We reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
  • Giving access would have an unreasonable impact on the privacy of others;
  • The information could reveal the intentions of a party in negotiations;
  • Giving access could prejudice the taking of appropriate action in relation to unlawful activity;
  • Giving access could reveal evaluative information in a commercially sensitive decision making process.
• If you request to correct your personal information, we will correct, or, if we consider more appropriate, note your request for amendment of the information on your record.
• We will not charge you to make a request to access your record but we may charge you to actually provide access depending on the costs associated with obtaining and providing the material.
• These actions can usually be taken by contacting a customer relations representative.

7. Complaints

• If a breach of this Privacy Policy occurs, a complaint may be made to us by sending it to:
  
  Fusion Software Development Pty Ltd
  PO BOX 7851
  Norwest NSW 2153
  Australia
  
  Attention: "Privacy Officer"
  or by calling +61 2 7228 0996
• We will endeavour to respond to any complaint within 30 days. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at www.oaic.gov.au/privacy/privacy-complaints.