Effective 1 May 2014
The term ‘PROTON’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Unit 1, Alfred Road, Chipping Norton, NSW, Australia 2170 CAN # 076 002 590. The term ‘you’, ‘your’ or ‘member’ refers to the user or viewer of our website.
PROTON Cars Australia Pty Limited (‘PROTON’) reserves the right to revise the terms & conditions from time to time at its absolute discretion without prior notice to you. You are bound by any such revisions and should therefore periodically visit these pages to review the current terms & conditions imposed at the time of your use. If you do not agree to or are unsatisfied with the terms & conditions, please immediately discontinue access to this site or any pages thereof.
PROTON Cars Australia Pty Ltd (“PROTON”) is committed to honouring the privacy of its members and visitors to its website. Every member has the choice whether or not to disclose the information requested by PROTON.
To the maximum extent permitted by law, none of PROTON or any of its respective employees, agents, third party content providers or licensors make any express or implied representation or warranty about, or shall be liable, in any way, for any direct, indirect, special or consequential loss, damages or reliance in connection with this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) Your reliance on the completeness, accuracy or currency of the site;
b) Failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure or unlawful third party conduct, theft, destruction, alteration or unauthorised access to records;
c) Accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk; and
d) Defamatory, threatening, offensive or unlawful conduct of third parties.
All illustrations, information and specifications referred to on this site are correct at the time of publication. To the extent permitted by law, PROTON reserve the right to discontinue or change models, features, specifications or designs of the vehicles referred to herein, at our discretion and without prior notice. Please consult your local PROTON dealer for the latest information.
Vehicles pictured on the site may be shown fitted with optional extras. Prices that you may be quoted by a PROTON dealer may not include the cost of these optional extras unless you inform the dealer that you are inquiring about the model with the optional extras.
Due to computer hardware and software, actual vehicle colours may vary from those reproduced on the site.
Whilst all care has been taken to provide you with information in regards to the general use of PROTON’s products, you should not rely solely on the information provided in this website. It is recommended that you should discuss your intended purposes or use of PROTON’s products with your PROTON dealer before making a purchase decision.
PROTON Cars Australia is the trading name of PROTON Cars Australia Pty Limited
(ACN 076 002 590).
PROTON Cars Australia Pty Ltd takes the protection of your privacy seriously. We are bound by the Australian Privacy Principals (‘APPs’) and the Privacy Act 1988 and all other applicable laws governing privacy. [Where appropriate, we will handle personal information relying on the related bodies’ corporate exemption and the employee records exemption in the Privacy Act.]
Generally, we use the information we collect about you for the primary purpose for which it is collected and reasonably expected secondary purposes. We will only collect sensitive information about you with your consent (unless we are otherwise allowed or required by law to collect that information). Sensitive information includes information about your health, race, ethnic origin and religious beliefs.
WHAT INFORMATION DO WE COLLECT?
The kinds of personal information that we collect and hold about you will depend on the circumstances of collection, including whether we collect the information from you as a customer, dealer, supplier, contractor, job applicant, or in some other capacity.
In order to understand our customers and prospective customers better, we collect information through different methods such as from PROTON dealers when you purchase a vehicle or have your vehicle repaired; from you directly when you provide information by telephone, in documents such as “change of owner details” forms or via the internet site (in requests for brochures etc.); or from competition entry forms or marketing surveys. Subject to the Privacy Act you may request access to the personal information we hold about you by contacting the Customer Support Team via the details set out below (Note: For security reasons we will require you to verify your identity and to specify the information that you require. A fee may be charged for providing any such access. We will advise the likely cost in advance).
HOW DO WE USE THE INFORMATION COLLECTED?
PROTON Cars Australia Pty Ltd collects personal information for a range of purposes relating to the products and services it offers. Those purposes include:
We may also use your information for other purposes required or authorised by or under law (including purposes for which you have provided your consent).
In conducting our activities, we may sometimes need to disclose your personal information to others. Examples of the types of organisations we may need to disclose information to are:
Some examples of the kinds of organisations with which we contract are:
If you are a prospective purchaser of a PROTON vehicle, we use the information you provide to us to fulfil your request. For example, it may be passed onto appropriate third party suppliers such as a PROTON appointed Dealer to fulfil your request for a test drive or brochure request.
If you are a PROTON owner we will use your data to provide you with important safety information and to manage your vehicle warranty. We may also use your data to measure the performance of PROTON Cars Australia or your PROTON Dealer (through customer surveys if you participate in them).
Unless you indicate that you do not wish us to contact you, we may also contact you from time to time with product updates, special offers, event invitations etc. You can specify the type of communication you are willing to receive from PROTON Cars Australia, and by which communication channel, by contacting our Customer Support Team at the contact details below.
You can also contact your PROTON Dealer to let them know what your preferences are about communication from them.
As much as reasonably possible, we will collect your information directly from you, although we may from time to time, in the event of a safety related recall, also use external sources that are legally entitled to disclose and use your personal information.
WHAT DOES PROTON SEE WHEN YOU VISIT OUR WEBSITE
Dependent on how you utilize our site determines what type of personal information we can collect. Each time you visit the PROTON website, information is being collected by our host, recording your server address, domain name, the pages you have viewed and the date and time of your visit.
This information may be collected by data being sent to your web browser, this generally permits our site to efficiently interact with your computer (also known as using cookies).
Cookies can be disabled by you; however this may also affect your use to our site.
The information we collect each time you visit our website is retained for statistical and website development reasons and your identity remains completely protected through this form.
Each time you visit our site, you do not need to provide us with any of your personal information whilst browsing, unless in the case you decide to provide us with this information for a test drive, brochure request, enter a competition or promotion. In this incident, you will be required to provide your contact details along with the information required for your request or allow you to enter the promotion or competition.
This information you provide PROTON may also be retained for the purpose of product planning and direct marketing, unless you have informed PROTON customer support team or indicated on the competition or promotional form that you do not want it to be used for this purpose.
From time to time, we may use personal information to inform our customers, prospective customers and other persons with whom we interact about our products and services, or about special offers, promotions and events that we think may be of interest to you. We may provide this information using any contact number or address provided, including without limitation by post, phone, email and SMS. We will generally give you the opportunity to express a wish not to receive direct marketing communications. Your consent to receive direct marketing communications in the above ways will be deemed if you do not opt out when we offer you the opportunity to do so, and will remain current for an indefinite period of time unless and until you advise us otherwise. You can opt-out of receiving direct marketing at any time (see below).
PROTON does not disclose personal information to organisations outside PROTON and its related companies for the purposes of allowing them to direct market their products. However, we may join motor vehicle dealers and other business associates of PROTON in joint marketing of our respective products and services to customers.
If the law requires us to provide you with information about our products or services, we will provide that information even if you have elected not to receive information about our products and services generally.
How can you opt out of receiving direct marketing?
You can let us know at any time if you do not want the personal information we hold about you to be used or disclosed for any of the above purposes, or you do not wish to be contacted in any of the above ways, by contacting us in any of the ways set out at the bottom of this policy. In some circumstances we may need to contact you to obtain additional information, to verify your identity or to clarify your request.
HOW DO WE STORE AND USE YOUR INFORMATION?
PROTON Cars Australia Pty Ltd holds your personal information in a number of ways:
Your personal information may be passed to third party suppliers as part of our business processes, such as:
SENDING PERSONAL INFORMATION OVERSEAS
Some of the entities to whom we may disclose your personal information are located outside Australia. We take steps to ensure that such recipients respect the confidentiality of this information by abiding by the APPs or equivalent privacy laws.
These entities may include the actual manufacturer of PROTON Vehicles and our Parent Company PROTON Holding Berhad in Malaysia.
Other than as stated above we will not send your personal information to recipients outside of Australia without:
PROTON Cars Australia Pty Ltd takes reasonable steps to ensure that the personal information it collects, uses and discloses is relevant, accurate, complete and up-to-date. We ensure that personal information is collected and recorded in a consistent format, and new information is promptly added to our client database.
We may also remind you from time to time to update your personal information, or contact you to verify your personal information.
We encourage individuals to contact us in order to update any personal information we hold about them.
We have policies and procedures intended to ensure that your personal information is not misplaced or misused, and that unauthorised access to, or modification or disclosure of, your personal information does not occur.
Specific security measures we employ include authorised user-only access to computer records (including password protection), internal procedures to protect physical documents and regular monitoring and improvement of our practices and systems to ensure the effectiveness of our security policies.
We will endeavour to destroy or de-identify your personal information as soon as it is no longer required by us (as permitted by law).
UPDATES TO THIS POLICY
This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment.
All employees complete yearly online Compliance Training in regards to the Privacy Act and Competition and Consumer Act and must ensure that they understand privacy related issues, including PROTON’s obligations under the Privacy Act, the APPs and the Code, that could adversely affect PROTON’s position if not properly adhered to.
If you would like to access and correct your personal information, or if you have any queries or complaints, our Customer Support Team will be happy to help you or respond to you.
You can contact our Customer Support Team:
By Phone: +612 8707 2707
By Mail: PO Box 785,
Moorebank NSW 1875
PROTON Cars Australia
PO Box 785, Moorebank NSW 1875 Australia
Fax: +612 8707 2722
ABN: 35 076 002 590
IF YOU HAVE A COMPLAINT RELATING TO PRIVACY
If you believe we may have compromised your Privacy or breached the Australian Privacy Principals, for example, by refusing access to a document you have requested or we have refused to amend your personal records, you can ring, write to or email us.
You will receive a response no later than 5 business days after receipt of your contact. You will be sent a final decision in writing no later than 15 business days after you contact us, if we have all the necessary information to make that decision.
If you are unsatisfied with our response to your complaint, you can contact the Office of the Australian Information Commissioner in the following ways:
By visiting: www.oaic.gov.au
By telephoning: 1300 363 992
By writing to:
Office of the Australia
GPO Box 5218,
Sydney NSW 1042