We are committed to protecting the Personal Information we collect and complying with our obligations under the Australian Privacy Principles. This policy provides you with information on how we collect, use, store and disclose Personal Information.
Carly Car Subscription Pty Ltd ACN 075 505 494 and our Related Entities (we, our, us) provide a peer to peer online community connecting car owners who wish to rent out their car with drivers looking to rent a vehicle privately. We need to collect and retain Personal Information to enable us to provide our Services. Without this Personal Information, we may not be able to provide our Services, or the Services may be compromised.
In this policy:
Complementary Service means a service that is provided by a third party in conjunction with, or as a complement to, our Services – for example membership of a motoring organisation.
Driver means the person or persons seeking to or renting a vehicle.
Owner means an owner of a vehicle.
Personal Information has the meaning given under the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth).
Related Entities has the same meaning as under the Corporations Act 2001 (Cth) and includes our franchisees.
Sensitive Information has the meaning given under the Privacy Act.
Services means the peer to peer on-line vehicle hiring services and the ancillary services we provide to Owners and Drivers.
Website means www.drivemycar.com.au and other websites and forms of social media where you post comments or we interact with you.
The meaning of any general language is not restricted by any accompanying example and the words 'includes', 'including', 'such as', 'for example' or similar words are not words of limitation.
The type of Personal Information we collect may differ depending upon the circumstances of our relationship with you and the nature of the Services we provide to you. Depending on the nature of the Services we provide to you, Personal Information we collect may include:
We collect Personal Information:
If at any time you supply Personal Information to us about any other person, you represent and we accept that information on the basis that you are authorised to do so and that the relevant person has consented to the disclosure to us.
GPS tracking or other electronic tools may be fitted to a rental vehicle to enable the vehicle to be tracked or located.
We use the Personal Information we collect for operational purposes, including:
To the extent allowed by law, we may and you authorise us to collect, use and disclose information in respect to any credit we provide to you (for example, in respect to a long-term rental), including to a Credit Reporting Body (CRB). This includes Personal Information required to enable the CRB to provide us with a consumer credit report to assist us in assessing you credit worthiness, payment or default information, information about fraud or any other serious credit infringement, information about adverse court judgments or insolvency.
If you default in the payment of any monies owed to us, you authorise us to provide that information to a CRB and to obtain an up to date consumer credit report on you.
The information given to the CRB may include:
You agree and authorise us to exchange information about you with credit providers named in a consumer credit report issued by a CRB for the following purposes:
You understand and agree that the information exchanged includes anything about your credit worthiness, credit standing, credit history or credit capacity, subject to the restrictions imposed on credit providers under the Privacy Act 1988.
You agree that personal credit information provided may be used and retained by us for the following purposes (and for other purposes as shall be agreed between us or as required or authorised by law from time to time):
We may use and disclose your Personal Information to provide you with information on offers, products and services offered by us, our Retailers, our Related Entities and our business associates. If at any time you no longer wish to receive any additional marketing material from us or do not want your information disclosed for direct marketing purposes, contact our Privacy Officer and we will remove your details from our marketing database.
We do not use Sensitive Information for marketing purposes.
In addition to the situations above (including the purposes specified in section 6), we may disclose your Personal Information to our Related Entities and third parties in certain circumstances including:
If you’re a Victorian, or you’re renting a Victorian vehicle then DriveMyCar needs to disclose your personal information to the Royal Automobile Club of Victoria (RACV) so that (if eligible) you can receive your RACV membership and associated membership benefits. If you would like further information about how RACV complies with its obligations under the Privacy Act 1988 (Cth) you can access the RACV Privacy Charter at www.racv.com.au/privacy
While we do all we reasonably can to protect your Personal Information from misuse, loss, unauthorised access, modification or disclosure, including investing in security software, the Internet is not a secure environment. The open nature of the Internet is such that information exchanged via the Internet may be accessed and used by people other than those for whom the data is intended. If you send us any information, including (without limitation) Personal Information, it is sent at your own risk.
You are responsible for all actions taken using your username, email or password. If at any time you believe your username or password has been compromised, you should immediately contact us and also change your password.
If you access a third party website from our website, you do so and provide Personal Information in accordance with the terms and conditions under which the provider of that website operates.
We endeavour to keep our information systems and files secured from unauthorised access. Those who work with us are aware of the importance we place on protecting your privacy and their role in helping us to do so.
Our procedures to securely store Personal Information include electronic and physical security measures, staff training and use of password protection software.
When the Personal Information that we collect is no longer required, we will remove or de-identify the Personal Information as soon as reasonably possible. We may, however, retain Personal Information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve disputes.
You may request access to your Personal Information or correct any inaccurate or out of date information by clicking here or contacting our Privacy Officer. For security purposes, we may ask you to provide evidence of your identity.
You may request the source of any information we collect from a third party. We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld. If there is a reason under the Privacy Act or other law for us not to provide you with information, we will give you a written notice of refusal setting out the reasons for the refusal except to the extent it would be unreasonable to do so and the mechanisms available to you to complain about the refusal.
You should contact us immediately if you believe:
Our contact details are:
Attention: The Privacy Officer
Mail: Level 7, 189 Kent street, Sydney NSW 2000
More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner at:
Post: GPO Box 5218 Sydney NSW 2001