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Surfsight Privacy Policy

Surfsight Privacy Policy

Version 2.1.2 – 01 July 2023

This policy outlines the ways in which Optix Australasia Pty Ltd ACN 113 677 473 (“Company”) and its related entities (“We, Our or Us”) collect, use, disclose, store, secure, manage and dispose of your Personal Information in accordance with the Australian Privacy Principles (“the APPs”).

Where the words “Personal Information” are used in this policy, that expression means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

      1. whether the information or opinion is true or not; and
      2. whether the information or opinion is recorded in a material form or not.

By providing us with Personal Information, to the extent consent is required by us, you consent to our use of that Personal Information in accordance with this policy.

The Kind of Personal Information We Collect and Hold  [APP 1.4(a)]

The kind of Personal Information we collect relating to you will depend on the nature of your relationship with us.

Reseller

If you are a reseller, we will generally collect the following particulars of your Personal Information in order to provide services to you:

      1. your name, address and contact details;
      2. your credit card or bank account details;
      3. credit checks and company searches;
      4. purchase and enquiry history with us;
      5. any other information you disclose to us through interacting with the services, our personnel or otherwise.

Reseller’s Customer and their Employees

Our technology allows us to capture video of people driving the Reseller’s Customer’s vehicles (Driver). Vehicle-mounted event video recorders capture the forward-facing view of the road and other vehicles, as well as what is going on inside the vehicle. Additional cameras may capture video around the vehicle, such as down the sides and at the rear. Our technology is fitted with sensors such as accelerometers, which measure the vehicle’s g-force activity. Our technology also tracks the Driver’s vehicle location and the speed at which the vehicle is travelling through the use of GPS. Our technology may also record audio of the interior of the vehicle cabin. This data is fed to our server, which can then be accessed by the Reseller’s Customer and us. This data is used by the Reseller’s Customer to monitor their Driver’s driving of fleet vehicles.

Online Visitors

We collect website activity statistics such as the number of visitors, pages visited, time and date of visit and where you accessed our website from, so that we can make informed decisions relating to improving our website and the services we deliver. This information is anonymous and doesn’t identify a person.                           

When you visit our website, a cookie is placed on your computer. The cookie does not contain Personal Information that can identify you but may contain information about the page you visited on our website.  If you do not wish for this to occur, you can remove cookies from your computer by following the standard procedures applicable to your internet browser.

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 to the Company’s 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.

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.

How We Collect and Hold your Personal Information  [APP 1.4(b)]

We will collect the majority of our Personal Information directly through meetings or interview/s with you, or through telephone, email, or mail correspondence. We may also collect Personal Information through your use of the services provided by us, our website, customer portal or apps, as well as through various social media platforms. Driver’s Personal Information will be limited to the data we collect from our in-vehicle monitoring systems. We do not collect Driver names (unless provided to us), but Drivers may be able to be identified from video footage and/or audio recordings.

We currently store Personal Information physically at our business premises and/or in electronic form on servers hosted by Lytx Inc. and housed offshore (primarily in the United States of America) and Microsoft Cloud storage provider/s.

We will only retain and handle your Personal Information for as long as necessary to:

      1. fulfil the purposes for which the Personal Information was obtained (e.g., to provide services);
      2. fulfil any other purpose you have consented to;
      3. exercise our legitimate business purposes, in accordance with this policy;
      4. comply with a legal obligation; and
      5. protect the vital interests of yourself or another person. 

The Purposes for Which We Collect, Hold, Use and Disclose your Personal Information  [APP 1.4(c)]

We collect, hold, use, and disclose your Personal Information for legitimate business purposes, such as:

      1. to assess your identity and eligibility to us our services;
      2. to process payments to and from you;
      3. In the case of Resellers – to provide services to you;
      4. In the case of Reseller’s Customers including Drivers – to provide the Reseller’s Customer with data relating to how their vehicles are driven;
      5. to assess compliance with any agreement we have with you;
      6. to provide information to our related bodies corporate in order to carry out our business operations;
      7. providing you with information about other services that we, our related entities, and other organisations that we have affiliations with, offer that may be of interest to you;
      8. market research, marketing, event, and promotional activities;
      9. facilitating our internal reporting obligations, including the fulfilment of any industrial, legal, and regulatory requirements or to provide information to government or industry bodies;
      10. to provide to third parties where disclosed to you in this policy or otherwise where authorised by you;
      11. analysing our products and services with the view of developing new or improved products or services;
      12. to exercise or defend our rights, including disclosing information to credit reporting agencies, courts, tribunals and other regulatory agencies; and
      13. as permitted or required by law.

When Personal Information is disclosed by us to our related entities or third parties as detailed above, Personal Information will only be disclosed to that party to the extent necessary for the disclosure purpose identified above to be carried out by that party.

Where we determine it is commercially viable to do so, we will attempt to carry out any of the purposes detailed above without using Personal Information or by de-identifying Personal Information first, so that an individual cannot be recognised by that information. However, we will disclose Personal Information without de-identifying it where requested by any government or industry body, or regulator .

How you may Access or Seek the Correction of Personal Information Held by Us  [APP 1.4(d)]

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.optix.au/contact/ or by written request forwarded to:

The Privacy Officer

PO Box 3618

Robina Town Centre QLD 4230 Australia

How you may Complain about a Breach of the APPs by Us  [APP 1.4(e)]

If at any stage you feel we have breached the APPs 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.optix.au/contact/.

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/privacy-complaints.

Our Disclosure of your Personal Information  [APP 1.4(f)]

Any Personal Information we hold relating to the Drivers may be accessed by the Reseller’s Customer.

We may also disclose Personal Information to the following recipients:

      1. Our professional advisers, including our accountants, auditors, and lawyers; and
      2. Other regulatory bodies as required by law.

Other than as set out above, we will only disclose your Personal Information to a third party in one or more of the following circumstances:

      1. Where you have granted your prior consent to such a disclosure;
      2. Where you would reasonably expect us to disclose your Personal Information in order to provide the services you have requested we provide to you;
      3. Where we are required to disclose your Personal Information to a third party by law;
      4. Where it is necessary with regards to suspected unlawful activity, or misconduct of a serious nature that relates to our functions or activities;
      5. Where it will prevent or lessen a serious threat to somebody’s life, health, or safety or to public health or safety;
      6. Where it is reasonably necessary to assist in locating a missing person;
      7. Where it is reasonably necessary to establish, exercise, or defend a claim at law;
      8. Where it is reasonably necessary for a confidential dispute resolution process;
      9. Where it is reasonably necessary for the enforcement of a law conducted by an enforcement body;
      10. Where it is otherwise required or authorised by law.

If you voluntarily disclose Personal Information via a publicly accessible feature of the services, you do so at your own risk, as third parties may access and use this Personal Information to send you unsolicited material.

Please do not provide us with Personal Information of a third party unless requested by us. If you provide us with Personal Information about a third party, you warrant that you have the consent of that third party to provide that Personal Information.

Disclosure of Personal Information to Overseas Recipients [APP 1.4(g)]

We currently use servers hosted by Lytx Inc. and housed offshore (primarily in the United States of America) and Microsoft Cloud storage provider/s. Lytx staff in the USA and Company staff in Australia and South Africa have access to this information for support, troubleshooting, or analysis purposes. We may also provide video review and reporting services by Company and Lytx staff located in Australia, the USA, South Africa, or India.

Accessing, Updating, and Deleting your Personal Information

You have a right to request access to and seek correction of any Personal Information we hold about you, such as information which you believe is incorrect, incomplete, outdated, misleading or irrelevant. You may also request additional information from us regarding the purposes for which we process your Personal Information and the types of third parties to whom we disclose your Personal Information.

You can make the above requests via the contact details in this policy or, where applicable, you can update your details via the services. We may charge a reasonable access fee if multiple requests for access are made by you. 

Variations 

The Company reserves the right to vary, replace, or terminate this policy as legally required.

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