Legal Notices and Terms of Use

DriveRisk Australasia Pty Ltd

By using our website, you agree to be bound by, and abide by, these Terms of Use. We reserve all rights to change these Terms of Use in our sole an absolute discretion without any notice. By continuing to use this website you accept the Terms of Use as it may apply from time to time.

Unless otherwise indicated, we own the copyright and any other intellectual property rights (text, images, graphics, sound files, animation files, video files and their arrangement on this site, customer portals) in the content of this website. You may browse or print the content for your own non-commercial or personal use subject to the conditions of the Copyright Act 1968 (Cth) and any applicable international treaties. If you wish to use, copy or reproduce any part of this website for any other purpose you are required to obtain our prior written permission. We note that you are hereby on notice that neither this website, nor the material contained herein shall in any way grant or be taken to grant any person a license to use or to our intellectual property.

This website contains registered trademarks and or trademarks that are pending, that are protected by law. These include our name and logo DriveRisk, the mark “Manage . Motivate . Mitigate” and the names of all our products and services. All trademarks appearing on this website belong to its owners.

The content on this website is general and merely intended to provide a summary of our services and matters of interest. It is not intended to comprehensive and you should obtain advice before acting or relying on its content. Some of the product information, illustrations an or images are United States images and are indicative and for guidance only. Please obtain information for local products from our local representatives.

The content may be out of date and may not reflect our current practise at a certain point as a result of delays, errors or omissions that may affect its currency our accuracy.

Subject to and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including without limitation any loss of revenue, loss of goodwill, cost of downtime, loss of profit, loss of or damage to reputation, loss of data) howsoever arising, suffered or incurred by any person in regard to or in any way relating to this website or any content or services provided or made available through this website.

This website may contain links to third party websites. These links are provided for your convenience only and we are not responsible for their use, effect or content. By accessing these third-party websites, you agree to the terms of access or use imposed by those websites. We give no warranty or assume any responsibility for the accuracy, source, quality or any aspect whatsoever regarding the third-party websites or material on such sites.

We may choose to issue you with a username and password to allow you to access features available on our website. If we do, you are obliged to keep those detail confidential and you will be responsible for their misuse, if you don’t.

Our website may enable you to post comments (for example, on blogs, forums or other accessible areas). You are responsible for all your comments that you post (or that are posted using your username and password). You must not post any comment that:

• Is inflammatory (trolling);
• Is xenophobic, racist abusive, harassing or amount to hate speech;
• Is false, defamatory, threatening, invasive of a person’s privacy or constitutes abuse directed at other users;
• Is obscene, sexually explicit or contains links to sites that promote obscenity or pornography;
• Advertises products commercially, promotes gambling or promotes your own site;
• Infringes copyright or any other Intellectual property right; or
• Contravenes any law, regulation or prohibition.

These terms of use, and your use of our website, are governed by the laws of New South Wales, Australia.

We use cookie technology on our websites, customer portals and Apps in order to record preferences of users and provide information and services to visitors of our website. The cookies are small pieces of data that our website transfers to your computer for record keeping and experience customisation purposes. Personal data can only be saved by cookies if you have given your consent or if it is essential for technical reasons, for example to securely sign in.

We note that third parties may utilise cookies to collect information about the content your view on our website, Customer Portals and Apps. The length that your computer stores cookies is determined by your browser settings. We do not collect personally identifiable information about you, but we use cookies to track internet behaviours and for online remarketing.

By using our websites, Customer Portals and Apps you consent to the use and storage of cookies on your end device. If you do not wish to receive any cookies you may set your browser to refuse cookies. This may mean that you will not be able to take full advantage of the services available on our website and it may limit your experience of our website.

Our website may from time to time contain links to other websites. These websites may not be administered by our organisation and as such may abide by a privacy policy or standard that differs from our privacy policy. You should consult the privacy policy outlined on each website in order to verify how that website collects, uses, discloses, stores, secures, manages and disposes of Personal Information.

You can find our privacy policy at https://driverisk.com.au/privacypolicy.

Privacy Policy

DriveRisk Australasia Pty Ltd (ACN 113 677 473) (“we”, “us” or “our”) know that our use, collection and protection of your personal information is important. We respect your personal privacy, your personal information and privacy and are committed to keeping your personal information safe.

This policy applies to customers, potential customers, suppliers, service providers, dealers, contractors, potential employees, employees of customers or employees of potential customers and temporary staff.

We collect, use, disclose, store, secure, manage and dispose of your personal information in accordance with the Australian Privacy principles (“the APP’s”).

1.1 Kinds of Information we collect and hold

We collect information reasonably necessary for or directly related to our functions and activities. The types of personal information we collect includes but is not limited to your:

• Name;
• Gender;
• Age and birthdate;
• Occupation and employment details;
• Contact details;
• Address details;
• Registration and driver licence details;
• Credit card and bank account details;
• Other financial information;
• Vehicle information (past and present);
• Cookies and website tracking;
• Video capturing of drivers of customer vehicles;
• Forward facing and vehicle surroundings video capturing;
• Reviewing and analysis of audio and visual recordings;
• Driver fatigue and distraction monitoring;
• Customer Vehicle tracking;
• Capturing g-force activity;
• Vehicle location and speed at which vehicle is travelling using GPS technology;
• Voice and image;
• Educational qualifications, skills, experience, references and other resume detail;
• Personal interests;
• Driver license details;
• Emergency contact details

1.2 How we collect your personal information

We only collect personal information by lawful means and obtain your information in different ways that include but is not limited to:

• When you contact us;
• When you attend our premises or the premises of our authorised installers and or repairers;
• When you order a product or service from us;
• When you provide us with goods and or services;
• From third party roadside assistance providers;
• Via our website, customer portal or Apps;
• When you attend a seminar or presentation presented by us;
• Via social media;
• From third party service providers;
• When you apply to work for us;
• From other DriveRisk affiliated and group entities;
• Location through tracking technology;
• Anti-theft tracking;
• Fuel usage monitoring;
• In vehicle Video recording;
• Vehicle outside event recording;
• Managing services capturing signals from accelerometer, GPS systems and engine control units;
• In vehicle Microphone recordings;

1.3 How we may use your personal information

• Any purpose you have consented to;
• Buying, selling, repairing, renting any products and parts;
• Rendering any of our services to you;
• Any purpose related to one or more of our business functions or activities;
• Responding to enquiries / complaints;
• Providing support
• Administering accounts and processing orders;
• Warranty purposes, product issues, service measures and updates;
• Marketing, event and promotional activities;
• Market research;
• Administration;
• Recruitment purposes
• Registration of security interests;
• Compliance with industry, legal and regulatory requirements;
• Rendering of monitoring services in vehicles;
• Analysing video footage and sound recordings to render our services;
• Tracking of client’s vehicles
• Providing data to customers of how their vehicles are being driven
• Analysing our products and service for product and service development purposes.

1.4 Disclosure

Whilst rendering our services and doing our day to day business, we may disclose your personal information to third parties outside our organisation, including but not limited to:

• Those that you have consented we disclose personal information to;
• Our customers for providing them with data on how their vehicles are being driven;
• Any Personal Information we hold relating to our Customer's drivers may be accessed by our Customers;
• Analysing our products and services with the view of developing new or improved products or services;
• Our authorised service providers;
• Companies related to us;
• Our professional advisers, including our accountants, auditors and lawyers;
• Where you would reasonably expect us to disclose your personal information in order to provide the services you have requested, we provide to you;
• Where our disclosure of your Personal Information will prevent or lessen a serious threat to a person’s life, health or safety or to public health or safety;
• Where it is necessary with regards to suspected unlawful activity, or misconduct of a serious nature that relates to our functions or activities; and
• In compliance with enforcement agency requirements, our own internal reporting obligations and comply with any law, regulator, court or tribunal.

1.5 Cross border disclosure

During our daily business activities and those of our related and associated entities and service providers, your personal information may be transferred, accessed, processed and or stored in various countries within Africa, Europe, North America and Australasia, but normally in North America, India or South Africa. We currently use servers hosted by Lytx Inc. and is housed in the United States of America. Lytx’s staff in the USA and DriveRisk’s staff in Australia and South Africa have access to this information for support, troubleshooting and analysis purposes. We may also provide video review and reporting services by DriveRisk’s and Lytx’s staff located in Australia, USA, South Africa or India.

Where work is being undertaken on our behalf, this occurs under conditions of confidentiality and may result in your personal information being transferred, accessed, processed and or stored in various countries for the purposes of service delivery to you or you employer. Prior to disclosing personal information to overseas recipients, we will take all reasonable steps to ensure that the overseas recipient adheres to the Australian Privacy Principles.

2. How you May Access or Seek the Correction of Personal Information Held by Us

You may access or seek the correction of any Personal Information held by us by contacting our offices using the contact details available at our website www.driverisk.com or by written request forwarded to:

3. How You May Complain about a Breach of the APP’s by Us

If at any stage you feel we have breached the APP’s in our collection, use, disclosure, storage, security, management or disposal of your Personal Information, you may lodge a complaint with our Privacy Officer using the contact details available on our website www.driverisk.com.

We are committed to protecting your privacy and as such we treat all complaints very seriously. Our Privacy Officer will address your concerns with our company directors and contact you to ensure you are satisfied with our proposed resolution. If we do not respond to you within 30 days or you are not satisfied with our response, you are entitled to lodge a “Privacy Complaint Form” with the Office of the Australian Information Commissioner. Copies of this form and details relating to lodgement are available at www.oaic.gov.au/privacy/making-a-privacy-complaint.

4. Anonymity and Pseudonymity

You are entitled to provide your personal information to us without identifying yourself or through the use of a pseudonym, unless:

1. we are required by law to only deal with individuals who have identified themselves when providing the services that you have requested, we provide; or
2. we form the view that it is impractical to provide the services that you have requested we provide without being able to identify you personally.

In these circumstances we reserve the right to not provide services to you unless you identify yourself when providing your personal information.

Copies of this Policy are available free of charge upon request.