Privacy Policy
1. WHO WE ARE
This App is operated by AutoXALE Pty Ltd t/a CAROX (collectively, “AutoXALE”, “XALE”, “CAROX”, “OX”, “we”, “us” or “our”).
We collect, use and are responsible for certain personal information about you.
CAROX is responsible as a ‘controller’ of the personal information for the purposes of related laws in NSW.
2. OUR APP
This privacy policy relates to your use of our App and our mailing list.
Throughout our App, we may link to other websites owned and operated by third parties, such as Stripe Payments Australia Pty Ltd (“Stripe”). These other third-party applications may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to these other third-party websites, please consult their privacy policies as appropriate.
3. OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION
We collect personal information about you when you access our App, sign up to our mailing list, create an account in order to buy/sell a vehicle or bid on a vehicle, or contact us.
We collect this personal information from you either directly, when you sign up to our mailing list, create an account in order to buy/sell a vehicle or bid on a vehicle, or contact us or indirectly, such as your browsing activity while on our App (see ‘Cookies’ below).
The personal information we collect about you depends on the particular activities carried out through our website. Such information includes:
your name, address and contact details, such as your email address and telephone number
date of birth
details of any feedback you give us by phone, email, post or via social media
details about the cars, vehicles or automobilia (such as number plates) you own
payment information, such as credit card details
information about the services we provide to you
technical information such as your IP address
We use this personal information to:
customise our App and its content to your particular preferences
improve our services
allow you to create an account with us
provide you with updates about CAROX
respond to queries you raise with us
to allow us to create a post about your vehicle
to allow you to buy/sell a vehicle, bid on a vehicle, submit a comment, question or purchase a vehicle if you are the successful bidder
4. OUR LEGAL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION
In accordance with data protection laws, when we use your personal information, we are required to have a legal basis for doing so. There are various different legal bases upon which we may rely, depending on what personal information we process and why. The legal bases we may rely on include:
consent: where you have given us clear consent for us to process your personal information for a specific purpose
contract: where our use of your personal information is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract
legal obligation: where our use of your personal information is necessary for us to comply with the law (not including contractual obligations)
legitimate interests: where our use of your personal information is necessary for our legitimate interests or the legitimate interests of a third party (unless there is a good reason to protect your personal information which overrides our legitimate interests)
5. FURTHER INFORMATION: THE PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
We will keep your personal data while you have an account with us or we are providing our services to you. Thereafter, we will keep your personal data for as long as is necessary:
to respond to any questions, complaints or claims made by you or on your behalf;
for the assertion of claims, examination, processing or defence against any liability claims that may reasonably be expected within the applicable limitation periods; or
to keep records required by law.
We will not keep your personal data for longer than necessary. Different retention periods apply for different types of personal data. Further details on this are available in our Retention Policy, which is available upon request.
6. WHO WE SHARE YOUR PERSONAL INFORMATION WITH
We will share personal information between in CAROX, where necessary. We will share personal information with law enforcement or other authorities if required by applicable law. We may share your personal information with the parties mentioned in this privacy policy for the purposes set out herein. We may share your personal information with other users of our website in order for us to introduce the buyer/seller of a vehicle and the successful bidder on the vehicle, and with Stripe. Where your personal data is shared with third parties such as Stripe, the processing of your information will be governed by their privacy policy. Stripe’s privacy policy is available at: https://stripe.com/en-au/privacy. We do not share more personal information with them than is necessary.
7. OUR THIRD-PARTY SERVICE PROVIDERS
As part of the provision of our services we use third-party service providers, such as our website hosting provider. They perform the processing on our behalf, and we do not share more personal information with them than is necessary.
8. WHETHER INFORMATION HAS TO BE PROVIDED BY YOU, AND IF SO WHY
To create an account, we require your name, username and email address. If we do not have this information, we will not be able to create an account for you.
If you wish to list your vehicle on CAROX, we will require you to provide your name, an email address and details of your vehicle to enable us to consider your vehicle or automobilia and create a suitable listing. We will also collect your payment information in order to process the fee payable to us if you remove the listing or withdrawing from the sale/bid, as specified in our Terms and Conditions. If we do not have this information, we will not be able to create a listing. If you sale/bid, we will need to process your payment details in order to process the fee payable to us if you are the successful seller/bidder. If we do not have this information, your sale/bid will not be accepted.
9. TRANSFER OF YOUR INFORMATION OVERSEAS
To deliver services to you, it is sometimes necessary for us to share your personal data outside of Australia, including:
with our offices or other companies within our group located outside Australia;
with your and our service providers located outside Australia, such as website hosts (where applicable);
if you are based outside Australia;
where there is an international dimension to the services we are providing to you; for example, if you are a Buyer of a vehicle and the seller is located in a different country (or vice versa);
our third-party payment provider, Stripe, may process and store your personal data outside of Australia in accordance with its privacy policy: https://stripe.com/en-au/privacy
Under data protection law, we can only transfer your personal data to a country or international organisation outside Australia where:
the particular country or international organisation ensures an adequate level of protection of personal data (known as an ‘adequacy decision’);
there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for data subjects; for example, the standard contractual clauses or “model clauses”; or
a specific exception applies under relevant data protection law.
Where there is no adequacy decision, we may transfer your personal data to another country or international organisation (such as Stripe) if we are satisfied the transfer complies with data protection law which is applicable in your country, appropriate safeguards are in place and enforceable rights and effective legal remedies are available for data subjects.
The safeguards will usually include using legally approved standard data protection contract clauses. We also put contractual provisions, including standard contractual clauses, in place between our group companies where necessary.
10. MARKETING
We would like to send you information about the services Collecting Cars offers, which may be of interest to you. Where we have your consent, we will send you marketing emails.
We will only send you marketing messages if you tick the relevant boxes when you sign up to our newsletters and/or create an account
If you have previously agreed to being contacted in this way, you can unsubscribe at any time by:
contacting us at: info@carox.au
11. YOUR RIGHTS
Under the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:
access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address;
require us to correct any mistakes in your information which we hold;
require the erasure of personal information concerning you in certain situations;
receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations;
object at any time to processing of personal information concerning you for direct marketing;
object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;
object in certain other situations to our continued processing of your personal information; and
otherwise restrict our processing of your personal information in certain circumstances.
If you would like to exercise any of the above rights, please:
email us at info@carox.au;
let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
let us know the information to which your request relates.
12. KEEPING YOUR PERSONAL INFORMATION SECURE
We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
13. HOW TO COMPLAIN
If you believe that your privacy has been breached, you may make a complaint to us using the contact information below and provide details of the incident so that we can investigate it.
We will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.
If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information. In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer than 30 days, we will let you know.
After we have completed our enquiries, we will contact you, usually in writing, to advise you of the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.
14. CHANGES TO THIS WEBSITE PRIVACY POLICY
This website privacy policy was published on 26th May 2022 and last updated on 23rd February 2024.
We may change this App privacy policy from time to time and we advise you to check this page on a regular basis.
17. HOW TO CONTACT US
Please contact us if you have any questions about this privacy notice or the information, we hold about you.
If you wish to contact us, please send an email to info@carox.au.