Overview

This privacy policy (“Privacy Policy”) sets out how UbiCar Pty Ltd (ACN 622 103 422 ABN 55 622 103 422),UbiCar Insurance Pty Ltd (ACN 601 223 858 ABN 83 601 223 858 AFSL 469073 ), Ubi Technology Pty Ltd (ACN 632 125 967 ABN 31 632 125 967) and their related bodies corporate (“we”,”our”,”us” or “UbiCar Group”) collects, stores, uses, protects, shares and discloses your personal information. It also applies to our applications under the name “UbiCar” and its related products, services, websites, applications and tools (together the “Applications”). By visiting or using the Applications and/or dealing with us and our agents, distributors and affiliates, specific to the products or services you want to obtain from us or to your dealing with us, you agree to the collection, storage, usage and disclosure of your personal information in the manner described in this Privacy Policy,

From time to time we will review our Privacy Policy. We will notify you about any changes to our Privacy Policy at any time by posting an updated version of the Privacy Policy on the Applications.

The Australian privacy principles

We are bound by the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1998 (“Privacy Act”). The APPs establish minimum standards for the private sector in relation to the collection, handling, use, disclosure, management, access, correction and disposal of ‘personal information’ about natural persons. In summary, ‘personal information’ is information or an opinion relating to an individual which can be used to identify that individual. This may include your name, address, telephone number, email address, profession or occupation, your preferences and other information that could directly or indirectly identify you.

How we collect personal information

We collect personal information in a number of ways, including:

        • when you provide information directly to us through the Applications, in person, by phone or in writing (whether by email, through surveys, competitions, promotions or any other electronic or other means);
        • when you visit and/or use the Applications, in which case we record information sent to us by your computer, mobile device or other device you are using to access the Applications;
        • by contracting with us;
        • when insurance is arranged for you or insurance claims are processed; and
        • from third parties such as our related entities, service providers to us, operators of linked websites, applications and advertising on the Applications.

In some circumstances, personal information is provided to us by third parties or other organisations conducting activities on your behalf. With your expressed or implied consent, your personal information may be used and disclosed to us this way.

Types of personal information we collect and hold

We may collect and hold the following types of personal information in order to provide you with our products and services:

        • your name, phone number, date of birth, gender, mobile telephone number, email address, other contact information, and/or claims history;
        • any other information provided by you to us including without limitation through use of the App or services such as vehicle location (GPS), phone sensor data, phone state, time, application power and other information derived by the collected data;
        • personal information from your interaction with the Applications and its content, our services and our advertising, including without limitation device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the App, mobile network information, time, date, referring URL, the type of operating system and browser, ad data, IP address and standard web log data; and
        • any other information we consider may assist us in providing or marketing our products or services.

We understand the importance of protecting children’s privacy. The Applications including related sites such as our Facebook, Twitter, Snapchat, LinkedIn or other social media pages are not intentionally designed for or directed at children. Our products and services are available to anyone of driving age/licensed to drive including learner drivers. Where you are under the age of 18 years we presume you have sufficient maturity and understanding to understand and consent to the terms of this Privacy Policy. If you know of or have reason to believe anyone under the age of 18 does not have capacity to consent to the collection storage and use of personal information, please contact us.

Automatic collection of your personal information

When you visit our Applications, our Internet Service Provider automatically records the following information about you:

        • your server address;
        • the website you visited immediately prior to ours;
        • your domain name;
        • date and time of your visit to our Applications;
        • pages you accessed and the information or documents you downloaded;
        • type of browser you used; and
        • any other information we request our Internet Service Provider to record from time to time.

Collection, sharing and disclosure of your personal information

Our principal purpose in collecting, sharing and disclosing your personal information is to provide our products and services in a personalised, safe and efficient manner. You consent to us collecting, sharing and disclosing your personal information as described below.

We may collect, share and disclose your personal information with the UbiCar Group and other third parties who provide services to us or on our behalf or any unrelated party under the following circumstances:

        • in accordance with this Privacy Policy;
        • where you have provided your consent (which may be given expressly or may reasonably implied by your conduct or our existing business relationship) including to your authorised representative/s, and third parties to whom you expressly ask us to send, or consent to us sending, your personal information;
        • to understand your requirements and provide you with a product or service;
        • set up, administer and manage our products and services (including issuing you with a quote, arranging, verifying and administering insurance, issuing, renewing or amending a policy, pricing a policy, offering excesses and discounts and the management and administration of underwriting and claims);
        • to provide your updated personal information to our related bodies corporate, contractors, employees or service providers (including information technology service providers, mailing houses, market research organisations);
        • research and develop pricing algorithms and structures for insurance;
        • communicate details about our products and services or marketing our services and products and those of our intermediaries and business partners that may interest you;
        • provide, administer, market and manage the Applications, including but not limited to, providing you with your calculated driving scores, reporting and feedback on your driving for use in our Applications;
        • manage and train our employees, agents and representatives;
        • to facilitate and conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers, our underwriter or other third parties;
        • where a third party has an interest in the product or service we supply, for example third party beneficiary, distributor, insurance intermediary, our underwriter, business partner, affiliate or any other insurer;
        • conduct competitions, loyalty programmes or surveys;
        • manage complaints and disputes and report to dispute resolution bodies and our regulators;
        • our professional advisors including accountants, auditors, lawyers, contracted advisors and service providers;
        • where a third party acquires or considers acquiring an interest in us;
        • where it is necessary for a third party to assist us in providing our services, for example, reinsurers, insurance intermediaries, insurance reference bureaus, lawyers, accountants, loss adjustors, repairers and suppliers to repair or replace property insured, investigators and assessors to investigate and assess claims and related matters, lawyers and recovery agents to defend actions by third parties, to recover our costs (including amounts owed to us), witnesses to provide witness statements; experts to provide us with opinions, and other parties to a claim (to obtain statements from them), seek recovery or defend an action, and others involved in the providing of services or claims handling process;
        • detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our Terms and Conditions, this Privacy Policy or any other policy;
        • enforce our Terms and Conditions, this Privacy Policy or any other policy;
        • verify information for accuracy or completeness (including by way of verification with third parties);
        • resolve disputes and to identify, test and resolve problems;
        • notify you about the Applications and updates to the Applications from time to time;
        • protect a person’s rights, property or safety;
        • where we are authorised, required or permitted by law to use or disclose information; and

If you access the Applications from a shared device or a device of a third party (such as in an internet café), your personal information may also be available to other persons who access that device.

We will take reasonable steps to ensure that anyone to whom we disclose your personal information respects the confidentiality of the information and abides by the APPs or equivalent privacy laws.

We will not share, sell, rent or disclose your personal information in ways different from what is disclosed in this Privacy Policy.

Anonymity and pseudonymity

Unless it is impracticable, you have the option of interacting with us anonymously or by the use of a pseudonym. For example, you may visit and browse our websites and use some of our online facilities without revealing any personal information.

If we can’t collect your personal information

If you do not provide us with the personal information described above, some or all of the following may happen:

        • we may not be able to provide the requested products or services to you, either to the same standard or at all;
        • we may not be able to provide you with information about products and services that you may want; or
        • we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.

Overseas disclosure

We will only disclose the personal information we collect from you to locations outside Australia to provide information to our third party service providers. Our third party service providers perform various tasks both inside and outside of Australia, including (but not limited to) delivering underwriting and claims services and technology development.

At the date of this document our overseas providers are located across various locations, including, but not limited to:

        • Malaysia;
        • Singapore;
        • New Zealand;
        • South Korea.

We aim to protect your personal information by taking reasonable steps to ensure that the overseas service provider has similar protections in relation to privacy or that we enter into contractual arrangements with the recipient that safeguards and ensures compliance with Australian privacy law and this Privacy Policy.

Use of Cookies

We (or a third party providing services to us) may use cookies, pixel tags, “flash cookies”, or other local storage provided by your browser or associated applications (each a “Cookie” and together “Cookies”). A Cookie is a small file that may be placed on your computer when you visit the Applications. Cookies are used on some parts of the Applications. Most browsers now recognise when a cookie is offered and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer, your company’s technology help desk or your internet service provider. If Cookies are disabled, we may not be able to provide you with the full range of our Services.

Cookies may collect and store your personal information. This Privacy Policy applies to personal information collected via Cookies. You consent and acknowledge that we collect your personal information through Cookies.

Cookies may be used to provide you with our services, including to identify you as a user of the Applications, remember your preferences, customise and measure the effectiveness of the Applications and our promotions, advertising and marketing, analyse your usage of the Applications, and for security purposes.

You also may encounter Cookies used by third parties and placed on certain pages of the Applications that we do not control and have not authorised (such as webpages created by another user). We are not responsible nor liable for the use of such Cookies.

The App may also include links to third party websites (including links created by users or members) and applications and advertising delivered to the Applications by third parties (“Linked Sites”). Organisations who operate Linked Sites may collect personal information including through the use of Cookies. We are not responsible nor liable for Linked Sites and recommend that you read the privacy policies of such Linked Sites before disclosing your personal information. For the avoidance of doubt Linked Sites are not subject to this Privacy Policy.

The Applications are hosted by an online service provider which may change from time to time. Our service providers’ use of Cookies is not covered by our Privacy Policy.

Storage and security

We store, protect and process your personal information by taking reasonable steps. The reasonable steps we take include protecting the information from misuse or loss and from unauthorised access, modification or disclosure. Where we no longer require your personal information for a permitted purpose under the APPs, we will take reasonable steps to destroy it.

Even after you cancel your account with us or delete the Applications, we will retain your information for as long as we reasonably need it for the purposes outlined in this Privacy Policy. For example, we may retain your information to prevent fraud, or to maintain systems security. We may also retain your information if required or allowed to by law, regulation or relevant standards and codes of conduct, or to fulfil our contractual obligations to a third party. In certain circumstances, including where we are prevented by technical or systems constraints, we may not be able to remove all of your personal information.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Access to information 

Subject to the Privacy Act, you may request to access the personal information we hold about you by emailing us at the address listed under “Contact Us” below. All requests for access will be processed within a reasonable time.

In certain instances we may not be required or able to provide you with access to your personal information. If this occurs we will give you reasons for our decision not to provide you with such access to your personal information in accordance with the Privacy Act.

There is no application fee for making a request to access your personal information. However, we may charge an administrative fee for the provision of information in certain circumstances such as if you make repeated requests for information or where the information is held by a third party provider.

We endeavour to ensure that the personal information we hold is accurate, complete and up-to-date. If you believe the personal information we hold is inaccurate, please let us know and generally we will amend it upon request. If we disagree with your request, we will only do so on reasonable grounds and we will let you know the reasons for the refusal.

Notifiable data breaches

In the event that there is a data breach we will take all reasonable steps to contain the suspected or known breach where possible. We will take immediate steps to limit any further access or distribution where possible.

If we have reasonable grounds to suspect that the data breach is likely to result in serious harm to any individuals involved, then we will take all reasonable steps to ensure an assessment is completed within 30 days of the breach.

If remedial action is successful in making serious harm no longer likely, then no notification or statement will be made.

Where we are aware of reasonable grounds to believe serious harm is likely, as soon as practicable, we will provide a statement to each of the individuals whose data was breached or who are at risk. The statement will contain details of the breach and recommendations of the steps each individual should take. We will also provide a copy of the statement to the Office of the Australian Information Commissioner.

We will review the incident and take action to prevent future breaches.

Direct marketing materials

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.

Targeted ads or interest-based offers may be presented to you based on your activities on the Applications, our webpages, and other websites, based on the services you receive. These offers will display as varying product banners presented to you while browsing. We also partner with third parties to manage our advertising on our webpages and other websites. Our third party partners may use technologies such as cookies to gather information about such activities in order to provide you with advertising based upon your browsing activities and interests, and to measure advertising effectiveness. Some third party providers use tracking technology other than cookies to deliver targeted advertisements to you.

Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

Contacting us

We welcome your questions and comments about privacy and if you have any query or require any information about your personal information, please contact privacy@ubicar.com.au and we will respond to you as soon as reasonably possible.

If you receive communications purporting to be connected with us or our services that you believe have been sent to you other than in accordance with this Privacy Policy, or in breach of any law, please contact us immediately.

If you have any concerns or wish to make a complaint about how we have treated your personal information, or whether we have complied with the Privacy Act, please contact us and we will respond within 7 days.

If you complain to us and feel that your complaint has not been satisfactorily resolved you can contact:

The Office of the Australian Information Commissioner:

Post: GPO Box 5218 SYDNEY NSW 2001
Email: enquiries@oaic.gov.au
Phone: 1300 363 992
Email: https://www.oaic.gov.au

Version
This Privacy Policy was last updated on 23 June 2020.