Personal Information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, address and other contact details.
GDPR means EU General Data Protection Regulation.
Products mean any mobility scooters and any other goods or services offered on this website.
Personal Information means any information which can be used to identify an individual, and described in detail in clause 2.
Privacy Act means the Privacy Act 1998 (Cth).
Spam Act means the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act 2003.
2 What Personal Information do we collect?
- We may collect Personal Information about you when you contact us using this website or interact with us about our Products in any way. The Personal Information we collect may include (without limitation) your name, geographic location, email address and phone number. Information collected via our website is voluntarily provided by you.
- At times where reasonably necessary for a legitimate business purpose, information collected may include sensitive information such as health and medical procedure information. If we are providing you with, or assisting your health service provider or treating health professional (such as a doctor, pharmacist or hospital) to provide you with, a medical device we may collect your health information and, in such circumstances, you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act, applicable health records legislation and other relevant laws.
3 Cookies and Encryption
4 Why do we collect, use, and disclose Personal Information?
- We may collect, hold, use and disclose your Personal Information for the following purposes:
- to enable you to purchase our Products and associated services;
- to operate, protect, improve, and optimise our website, business, and our website users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
- to send you service, support and administrative messages, reminders, technical notices, updates and information requested by you;
- to send you marketing and promotional messages and other information that may be of interest to you, including information sent on behalf of our dealers that we think you may find interesting;
- to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and
- to comply with our legal obligations, resolve any disputes that we may have with any of our customers, and enforce our agreements with third parties.
- We may also disclose your Personal Information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests and enhance the services that you receive.
- The information we collect is not distributed, sold, or leased to third parties for commercial purposes, except to provide services you have requested or for other purposes when we have your permission or when we are obliged to do so.
5 Use of your Personal Information
- Personal Information that you submit to us may be used by us for the purpose for which it was collected (which will normally be obvious when we collect it) and for reasonably related business purposes. For example, we may store and process your Personal Information to better understand your needs and how we can improve our products and services. Your Personal Information may also be used for the following purposes:
- establish and maintain your relationship with our dealers, including in some cases disclosing your name and address (as required by law) and providing you with information necessary to allow you to remain in contact with us;
- trade activity and promotion purposes;
- billing purposes;
- purposes related to promotion, marketing and operations;
- provide the products or services you have requested from our dealers and keep a record of them;
- answer your inquiry; and
- assist us to make our services and products more valuable or useful to you.
- For any of the above purposes we may contact you by electronic or other means.
- our employees and related bodies corporate;
- third-party suppliers and dealers (including dealers selling our products or in connection with providing our services to you);
- professional advisers and agents;
- our existing or potential agents, business partners or partners;
- our sponsors or promoters of any competition that we conduct via our services;
- anyone to whom our assets or businesses (or any part of them) are transferred;
- specific third-parties authorised by you to receive information held by us; and/or
- other persons, including government agencies, regulatory bodies, and law enforcement agencies, or as required, authorised, or permitted by law.
- We may disclose your Personal Information to recipients that are located outside of Australia, including to our IT support, developers, and other partners located in Israel and elsewhere.
6 Do we use your personal information for direct marketing?
- We and/or our carefully selected business partners may send you direct marketing communications and information about our Products and offers. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us, or by using the opt-out facilities provided (eg an unsubscribe link).
- We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect your Personal Information from misuse, interference, and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. However, we cannot guarantee the security of your Personal Information.
- We may retain your Personal Information after you have contacted us in connection with a purchase of our products. You may have us delete your Personal Information by contacting us. However, we may retain Personal Information for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
10 Accessing or correcting your Personal Information
- You can access the Personal Information we hold about you by contacting us. Sometimes, we may not be able to provide you with access to all of your Personal Information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Information.
- If you think that any Personal Information, we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.
- We will consider and respond to all requests in accordance with all applicable laws.
11 Making a complaint
- If you think we have breached the Privacy Act or any other relevant privacy law, or you wish to make a complaint about the way we have handled your Personal Information, you can contact us. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
12 The EU General Data Protection Regulation (GDPR)
- To the extent that the EU General Data Protection Regulation (GDPR) applies to us and your Personal Information, this clause applies.
Legal grounds for processing your Personal Information
- Our legal grounds for us processing your Personal Information for the purposes set out in clause 5 above will typically be because:
- you provided your consent;
- it is necessary for our contractual relationship;
- the processing is necessary for us to comply with our legal or regulatory obligations; and/or
- the processing is in our legitimate interest as a provider of Products (for example, to protect the security and integrity of our systems and to provide you with customer service, etc.).
Transfers of Personal Information
- As we are a global company, we may need to transfer your Personal Information outside of the country from which it was originally provided. This may be intra-group or to third parties including dealers that we work with who may be located in jurisdictions outside the European Economic Area (EEA), Switzerland and the UK which have no data protection laws or laws that are less strict compared with those in Europe.
- Whenever we transfer Personal Information outside of the EEA, Switzerland, or the UK, we take legally required steps to make sure that appropriate safeguards are in place to protect your Personal Information. Feel free to contact us for more information about the safeguards we have put in place to protect your Personal Information and privacy rights in these circumstances.
Personal Information retention
- We retain your Personal Information for as long as necessary to provide you access to our services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.
- Data protection law provides you with rights in respect of Personal Information that we hold about you, including the right to request a copy of the Personal Information, request that we rectify, restrict or delete your Personal Information, object to profiling and unsubscribe from marketing communications.
- To exercise any of your rights, please contact us. Please note that requests to exercise data protection rights will be assessed by us on a case-by-case basis. There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation.
- If you have a complaint about how we handle your Personal Information, please contact us. If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority.
Data controller and a data processor
- EU data protection law makes a distinction between organisations that process Personal Information for their own purposes (known as “data controllers”) and organisations that process Personal Information on behalf of other organisations (known as “data processors”). If you have a question or complaint about how your Personal Information is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Information.
- We act as a data controller unless stated otherwise.
13 Contact Us
- Email: [email protected]
Effective: 10 November 2020.