Privacy Policy for Vascar Auto Pty Ltd and ANCAR, including ANCAR Mobile Application for iOS and Android

Effective Date: 20 December 2023

  1. Introduction

Vascar Auto Pty Ltd (ACN 673 798 671) is a company incorporated under the provisions of the Corporations Act 2001 (Cth). 

Vascar Auto Pty Ltd is the sole and exclusive importer of ANCAR products and is committed to protecting the privacy of our customers and ensuring the integrity of the information we collect, use, and share.

Hereinafter, “we,” “us,” or “our” refers to Vascar Auto Pty Ltd, its associated entities, and the ANCAR brand.

This Privacy Policy outlines our practices concerning the collection, use, maintenance, protection, disclosure of personal data we receive from users of our products and services, including the Ancar mobile app (collectively, “Services”), across Australia and New Zealand. By utilising our services, you agree to the collection and use of information in accordance with this policy.

This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Vascar Auto Pty Ltd. If you are entering into this agreement on behalf of a business or other legal entity, you warrant that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

  1. Information Collection
    • Data Collected:
  • Customer Data: We collect customers’ vehicle registration numbers to maintain up-to-date installation records and for quality assurance purposes. This data may be shared with authorised distributors and installers for the same purposes.
  • Technician Data: We collect information about technicians responsible for installing ANCAR equipment, including name, surname, mobile number, email address, and employer’s name, to monitor installation quality and outcomes.
  • Direct Communication Data: For direct communications related to our Mobile Application or other services, we use contact details such as name, surname, email, mobile number, and address, provided by our distributors.
  • Support Service Data: When customers utilise support services, including call centres managed by ANCAR or third parties, we collect information such as name, surname, email, mobile number, vehicle registration, and other vehicle specifications to enable effective support.
  • Marketing Data: For customers who opt into marketing communications, we collect names, surnames, emails, and mobile numbers to add to our marketing lists.
  • Cookie and Location Data: We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, pixels and similar technologies (“Cookies”). Usage Data may include information about how you access and use our Site, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services. Our App may also collect location data for device pairing and proximity sensing.
  • Data collected by the Ancar Mobile Application:

You can access and use the Mobile Application and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered in the Mobile Application, you may be asked to provide certain Personal Information (for example, e-mail address).

This data, however, is not stored in the Mobile Application at any time, nor is collected by us. This data may be used for example to send an email to the provided address, only while you are actively using the Mobile Application and with your explicit consent.

The Mobile Application may request permission to access your current location. This is necessary because certain features of the application, such as the discovery of Bluetooth-enabled devices, rely on location data to function effectively. For instance, a Bluetooth-enabled device may broadcast its location, which is essential for the app to connect to and control specific devices (e.g., ANCAR Modules). However, please be assured that we do not collect or store your location information; access is solely for the purpose of facilitating the connection to and management of these Bluetooth devices.

  1. Use of Information

The information we collect is used for the following purposes:

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

  • To maintain accurate records of installations.
  • To ensure quality assurance across all service and product offerings.
  • To facilitate direct communication with customers regarding updates and important notices.
  • To provide effective technical support through our or authorized third-party services.
  • To send promotional and informational content to users who have opted-in to receive such communications.

 

  1. Data Sharing and Disclosure

We will not sell or share your data with third parties, except as outlined below:

ANCAR may share personal data with:

  • Distributors and Installers: For logistical and quality assurance purposes, such as to enable the  provision of customer service, response to technical or sales enquires.  
  • Authorised Third Parties: For providing technical support and managing marketing communications. With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, CRM providers, cloud storage, fulfillment and shipping).
  • Regulatory Authorities: When required by law or to respond to legal processes.

Please note that we may transfer, store and process your personal information with countries outside the country you live in, provided that they have laws that establish a comprehensive and robust legal framework for the protection of personal data, similar to those of Australia and New Zealand. Your personal information may also processed by staff and authorised third-party service providers and partners in these countries, such as South Africa and the Philippines.

 

  1. Data Security

ANCAR implements robust security measures to protect the personal data we handle from unauthorised access, alteration, disclosure, or destruction. However, no internet-based site can be 100% secure and we cannot be held responsible for unauthorised or unintended access that is beyond our control.

  • Data Breach Notification

In the unfortunate event of a data breach that is likely to result in serious harm to any individual whose personal information has been compromised, we will take prompt action to mitigate any potential damage. This includes the following steps:

  • Assessment: Immediately upon becoming aware of a data breach, we will conduct a thorough investigation to determine the scope and impact of the breach.
  • Notification to Individuals: If we find that the breach poses a real risk of serious harm to any affected individuals, we will notify those individuals without undue delay. The notification will provide a clear description of what occurred, the types of data involved, the possible consequences of the breach, and the measures we have taken or will take to address the breach. Additionally, we will provide advice on steps that individuals can take to protect themselves from potential harm.
  • Communication Channels: Notifications will be made via email, direct telephone calls, or postal mail, depending on the contact details we have on file and the urgency of the situation.
  • Notification to Authorities: In line with our obligations under the Privacy Act 1988 (Cth) of Australia and the Privacy Act 2020 of New Zealand, we will also report the breach to the relevant national privacy regulator (the Office of the Australian Information Commissioner for Australia and the Office of the Privacy Commissioner for New Zealand) within 72 hours of becoming aware of the breach, where it is likely to result in serious harm.
  • Public Communication: If the breach affects a wide group of individuals or there is a significant public interest in the breach, we may also publish a notice on our website and use other media channels to inform individuals about the breach and what actions they can take to protect themselves.
  • Continuous Improvement: Post-breach, we will review and potentially revise our information security practices and this Privacy Policy to prevent future breaches.

 

  1. Third Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

 

  1. User Rights

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

  • Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
  • Right to Delete. You may have a right to request that we delete personal information we maintain about you.
  • Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
  • Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
  • Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
  • Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.

Right to Appeal

You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.

Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about you’re your product.

You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorised agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorised them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

 

  1. Data Retention

We retain personal data only as long as necessary to fulfill the purposes outlined in this policy unless otherwise required by law.

 

  1. Children’s Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

 

  1. Changes to This Privacy Policy

This Privacy Policy is subject to change. We will notify users of any changes by posting the new Privacy Policy on this page and updating the effective date at the top of this document.

 

  1. Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

 

  1. Contact Us

If you have any questions about this Privacy Policy, please contact us at:

  • Email: info@vascarauto.com.au
  • Postal Address: Vascar Auto Pty Ltd. Toorak Corporate North Place, Suite 304, 306/19 Milton Parade, Malvern VIC in the State of Victoria 3144

 

  1. Governing Law

This Privacy Policy is governed by the laws of Victoria, Australia. In the event of any disputes, the courts of Victoria, Australia will have exclusive jurisdiction.

This Privacy Policy ensures users are aware of our data practices, promoting transparency and trust while complying with applicable data protection laws in Australia and New Zealand.