Privacy Policy

INTRODUCTION

The purpose of this Privacy Policy (“Privacy Policy”) is to provide you with a general overview of how ELITE 4X4 DARWIN and its related corporate entities (collectively, the “Site”, "we", "us", "our" or "the Company”) manages, collects, uses, processes and discloses your Personal Data when you visit or make a purchase from the Site, or through other contact with you outside of the Site, which is subject to the Privacy Act 1988 (Cth) ("Privacy Act") including the Australian Privacy Principles ("APPs") in Australia and the general law intended to protect your privacy, as amended from time to time. Other policies may apply instead of or in addition to this Privacy Policy in certain circumstances.

Protecting our customer’s Personal Data and compliance with Applicable Laws is of the utmost importance to ELITE 4X4 DARWIN and a matter we take very seriously. We are committed to properly managing, protecting and processing Personal Data in accordance with this Privacy Policy, which applies to all personally identifiable information ("Personal Data") that we collect in-store, through our Platforms or other channels.

Please read and review this Privacy Policy, which will inform you of how we manage, collect, use, process and disclose your Personal Data. This Privacy Policy should be read in conjunction with the Terms of Service, of which this Privacy Policy forms part. This Privacy Policy supplements, but does not supersede nor replace any other consents you may have previously provided to ELITE 4X4 DARWIN in respect of your Personal Data. We may also collect and process your Personal Data under any exceptions to Applicable Laws, which are not set out in this Privacy Policy. We trust that it will assist you in making an informed decision whether to provide us with any of your Personal Data.

When you submit information to us, or sign up as a customer in-store or on our website to purchase, view or otherwise browse any of the products, services or content offered by us, you agree and consent to ELITE 4X4 DARWIN (including any Related Corporations and business units) (collectively, the "Companies"), as well as their respective representatives and/or agents collecting, using, disclosing and sharing among themselves your Personal Data, and disclosing such Personal Data to the Companies' authorised service providers and relevant third parties in the manner set forth in this Privacy Policy.

Note this Privacy Policy does not cover information collected from individuals as part of our recruitment and selection process, when we engage contractors or onboard those employed by our labour hire agencies. This Privacy Policy also does not apply to the practices of organisations that ELITE 4X4 DARWIN does not own or control, or to people that ELITE 4X4 DARWIN does not employ or oversee even if offers, coupons or links to their websites appear within our Platforms or technology.

DEFINITIONS

For the purposes of understanding this Privacy Policy, capitalised terms have the following meanings:

“Applicable Laws” means the Privacy Act 1998 (Cth) and their respective subsidiary legislations and regulations, as amended from time to time;
"Apps" means associated mobile apps on iOS and Android and any other app we may associate with from time to time;
“Personal Data” means any data, whether true or not, which is (a) about an individual who can be reasonably identified (i) from that data; or (ii) from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time, or (b) defined as “personal data” or “personal information” under any Applicable Laws;
“Platforms” means collectively ELITE 4X4 DARWIN's Social Media and Websites, and any other websites or applications which we may own or operate from time to time;
“Related Corporations” means the subsidiary entities of MLE INDUSTRIES PTY LTD, an Australian registered company;
“Social Media” means ELITE 4X4 DARWIN’s pages and accounts on third-party social media platforms such as Instagram, Facebook, TikTok and Pinterest;
“Website, Site” means the ELITE 4X4 DARWIN website and associated services accessed at the following address: https://www.elite4x4darwin.com.au (inclusive of subdomains) or other internet locations.

MINORS

The Site is not intended for individuals under the age of 18 years. We do not intentionally collect Personal Data from children. If you are the parent or guardian and believe your child has provided us with Personal Data, please refer to the "CONTACT INFORMATION" section of this Privacy Policy.

WHAT PERSONAL DATA IS COLLECTED

The kind of information we collect and retain about you, and our use of that information, is dependent on the products and services we provide to you. In addition to operating a physical and online store, the products and services that we provide include the sale, development and advertisement of aftermarket 4WD/SUV accessories and services in connection to the fitment, repair and replacement of aftermarket 4WD/SUV accessories. During our relationship with you, the types of Personal Data we may collect includes your name, contact details, delivery addresses, email address, birthday, your shopping or browsing behaviours, voice recording (from customer service calls) and any other personally identifiable information that you have provided us, in any form that you may have submitted to us, or in the course of any other form of interation between you and us.

Where such information pertains to an identified individual - Personal Data may also include network and device data such as IP address and device or advertising identifiers and information we obtain using cookies or other tracking technologies. We may also collect information about you from third-party sources and platforms (including data validation services, authentication service providers, social networking sites, online marketing and segmentation providers and ad targeting companies) to supplement the information we collect directly from you.

If you provide us with Personal Data relating to a third-party by submitting such Personal Data to us, you represent to us that you have obtained the consent of the third-party to provide us with their Personal Data for the respective purposes.

By (1) clicking “Accept” on our Privacy Policy pop-up or any web form referring to this Privacy Policy on any of our online Platforms, (2) submitting your Personal Data to us when signing up for an account on the Website, (3) browsing our Website or (4) ordering any of our products and services, you are agreeing to the terms of this Privacy Policy.

HOW YOUR PERSONAL DATA IS COLLECTED

We collect Personal Data from you when:

You register an account on the Website;
You use any of our related services, such as subscribing to our newsletter or product notifications;
You browse our products and services or otherwise interact with our Website;
You accept our cookies and other tracking technologies on your device;
You interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our Social Media;
You interact with our customer service team or other representatives, for example, via our webform, chat, emails, telephone calls, letters, or face-to-face meetings;
You request a quote for goods and/or services;
You purchase a gift card for redemption;
You participate in our promotions and giveaways, initiatives or any request for additional Personal Data such as customer surveys;
We consult publicly available sources of information, or receive references or referrals from marketing and business partners, Related Companies, and third parties, for example, where they referred you to us through a supply network agreement or to enjoy the benefits of a joint promotion or collaboration or to redeem a voucher you purchased through them;
Your authorised representative submits your Personal Data to us for any purpose reasonably authorised by you, for example if such representative is purchasing our product or service to be delivered to you or as a gift;
Our third-party analytics and other service providers, business or commercial partners provide your Personal Data to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
You voluntarily submit your Personal Data to us for any reason.

We do not directly collect your credit card details to process your payment or for customer service purposes. Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. None of your credit card details are permanently stored with us. However, we may collect your bank account details to process refunds.

HOW YOUR PERSONAL DATA IS USED

We may use and disclose your Personal Data for purposes necessary to provide you with our products as services, including to:

Provide, maintain, protect and improve our technology, products and services, and monitor their effectiveness;
Register and maintain your user account and to verify your identity or age;
Offering products for sale, processing your order for our products or services, processing or collecting your payment for the order;
Perform the products or services you purchased or shipping and fulfillment including couriers calling or messaging you to obtain your delivery instructions;
Facilitate your transaction via alternative payment methods (such as Paypal);
Process your returns or refunds in accordance with our Terms of Service and Refund Policy;
Provide you with supporting services and functions related to your user account, such as saved items in cart, wish-list, brand or product and browser notifications;
Communicate with you in relation to (i) your queries, requests and feedback, (ii) material changes to our Terms of Service, Refund Policy, Privacy Policy or other terms and conditions, and (iii) matters relating to the operation of your account via the applicable or appropriate medium including email, SMS, or communicating with you at the telephone number you provide;
Personalise and improve your customer experience when you visit the Website, for example by prioritising products and services appearing in your search results or feed, or in communications we send you;
Monitor and enforce compliance with our Terms of Service, including dispute resolution;
To carry out administration, marketing, planning, account security, fraud detection and loss prevention activities, procurement, product and service development, quality control and research to improve the way we provide products and services to you;
Comply with (i) internal risk controls, (ii) the terms of our access to payment processing, financial or banking services such as credit card disputes, fraud, billing errors, or (iii) any applicable law, regulation or regulator’s directive; and
Ensure our Website functions properly and to improve its performance, by carrying out activities such as debugging, statistical analyses for optimising our Website.

(collectively, the "Purposes")

In addition, we may use and disclose your Personal Data for the following purposes, to:

Respond to your enquiry;
Send you marketing communications in relation to our sales, products, services, promotions or the Platforms;
Send you marketing communications in relation to the sales, products, services or promotions of business partners, including promotional mail together with your order;
Deliver ads that are related to our products and services that are targeted and personalised to your interests, attributes, preferences and experiences on the Platforms or other websites, apps or online platforms;
Provide you with any add-on or premium services;
Invite you to our private customer events;
Obtain your feedback on your customer service experience;
Process your participation in our promotions and giveaways (including contacting you if you win, displaying your details online, publishing your name in relevant newspapers or disclosing details of winners to relevant authorities, if required by law), initiatives or any request for additional Personal Data such as customer surveys;
Process your participation in our business partners’ loyalty or point redemption programs;
Conduct market and customer research, analysis or tracking;
Promote our products and services on our Platforms;
Manage the administrative and business operations of ELITE 4X4 DARWIN and complying with internal policies and procedures;
Improve your customer experience across all touchpoints and training our customer experience team, such as by recording and monitoring phone calls;
Any specific purpose in relation to a particular product or service, which we may separately notify you on the product or service page; and
As part of or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganisation, liquidation, or similar business transaction or corporate event.

(collectively, the “Additional Purposes”)

We may also use or disclose your Personal Data for secondary purposes in accordance with Applicable Laws, or with your further consent.

Finally, we may also collect information about you in an aggregated and anonymous basis - in order to conduct internal analysis of traffic patterns within our Website. This information is used by us to administer and improve our education and training of products and services.

WHO YOUR PERSONAL DATA WILL BE SHARED WITH

In relation to our use of your Personal Data for the Purposes or Additional Purposes, to help us provide our services and fulfill our contracts with you, we may disclose your Personal Data to:

Our employees, consultants, temporary workers or other representatives;
Sellers, who supply and deliver the products or services you ordered through the Website;
Payment processors, who process your payment on the Website;
Logistics providers, such as courier, fulfilment or parcel-pickup services which will deliver your order to you, and parcel return partners;
Business partners who separately maintain an account with you for loyalty or point redemption programs;
Business partners or vendors in connection with the processing of any promotion, event or service organised by us;
Our professional advisers, bankers and auditors;
Agents, contractors or service providers who provide operational services to us or who help provide our services to you, such as online cloud storage and processing, fraud detection and monitoring, marketing optimisation, information technology, telecommunications, market research, customer analysis or tracking, security or other relevant services which requires that entity’s collection, use or disclosure of your Personal Data;
To comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights; and
Any other party whom you authorise us to disclose your Personal Data to.

We do our best to minimise the disclosure of your Personal Data to the information necessary to perform the related Purpose or Additional Purpose. However, we may also disclose your Personal Data for secondary purposes if the secondary purpose is related to the Purpose or Additional Purpose and you would reasonably expect us to use or disclose the information for the secondary purpose, otherwise in accordance with Applicable Laws, or with your further consent.

You acknowledge and agree that, should we sell, merge or otherwise change control of our business, our company or the Website to a third-party:

We shall be permitted to disclose the Personal Data and other information that we have collected from you to the third-party, without giving notice or seeking prior consent from you; and
We shall be entitled to assign the benefit of any agreements we have with you to the third-party.

ACCESSING OR CORRECTING PERSONAL DATA

You may request that we provide you with access to the Personal Data that we hold about you.

Additionally, you may access or correct some Personal Data including your name, shipping and billing addresses by logging in to your user account on the Website. For Personal Data that cannot be corrected by you, by logging in to your user account on the Website, you may request to access and correct such Personal Data by submitting a written request to us by email to Customer Service. We may need to request additional information from you to confirm your identity before providing the access or making corrections.

We will do our best to respond to Personal Data access and correction requests within 30 days. Where we are unable to meet this timeline, we will update you with the soonest possible time within we can provide the information or make the correction. Please note that certain types of Personal Data access and correction requests may be exempt under Applicable Laws, and we may charge you a reasonable fee for the handling and processing of your Personal Data access request, if permitted by Applicable Laws. We will inform you of the fee (if any) that will be payable prior to proceeding with your request.

While ELITE 4X4 DARWIN makes reasonable efforts to provide its users with access to their Personal Data, there may be circumstances in which we are unable to provide such access, including but not limited to: where the information in question is legally privileged, would compromise the privacy or other legitimate rights of other persons, where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the request is clearly excessive or unfounded, or where the information requested comprises proprietary business information.

Marketing Communications

If you have said we can, we’ll send you marketing messages by email or SMS, to keep you aware of what we’re up to and to help you see and find our products and/or services.

Withdrawing Consent for Marketing Communications

Once we receive notification that you wish to withdraw your consent for receiving marketing communications, it may take up to five (5) business days for your withdrawal to be reflected in our systems. Please note you may still receive marketing communications during this period.

If you withdraw your consent to receive marketing communications through a specific communication mode (e.g. SMS) we may still contact you via other communication modes you have subscribed to (e.g. email).

If you withdraw your consent for us to use and process your Personal Data for the Purposes or the Additional Purposes or for other purposes, we may no longer be able to provide you with the related products, services or benefits associated with our promotion.

Please note it is not possible to unsubscribe from non-promotional (transactional) communications relating to your online orders or the operation of your account.

REQUESTING TO DELETE YOUR PERSONAL DATA

You have the right to request that we delete your Personal Data, or stop processing it or collecting it, in some circumstances, such as, for example, in relation to receiving marketing communications. You can exercise these rights at any time by submitting a written request to us by email to Customer Service.

Deleting your Account

You may request to have your your account deleted, please contact Customer Service or refer to the 'CONTACT INFORMATION' section of this Privacy Policy. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent. Once the processing is complete, we will no longer collect, use and/or disclose your Personal Data, except to the extent we retain your Personal Data for fraud, product recall, compliance, regulatory or other legal purposes.

Other Requests to Delete your Personal Data

If you wish to submit other requests in relation to the deletion of your Personal Data, please contact Customer Service or refer to the 'CONTACT INFORMATION' section of this Privacy Policy.

ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA

You should ensure that all Personal Data you submit to us is complete, accurate, up-to-date and correct. Failure to do so may result in our inability to provide you with the products and services you have requested. You should keep us updated of any relevant changes to your Personal Data. We will not be responsible for relying on inaccurate or incomplete Personal Data if you have not updated us of such changes. We will make reasonable efforts to ensure Personal Data likely to be used by us or disclosed by us to another organisation is accurate, up-to-date and correct.

We will also put in place, reasonable security arrangements to ensure that your Personal Data is adequately protected and secured to prevent any unauthorised access, collection, use, disclosure, copying, modification, leakage, loss, damage or alteration of your Personal Data. However, we will not be responsible for any unauthorised use of Personal Data by third parties which is attributable to factors beyond our control. Further, given that no data transmission over the internet can be guaranteed as completely secure, we cannot guarantee 100% the security of any (personal or other) information you transmit to us; and as such we will not be liable for any breach of security or unintended loss or disclosure of information due to our Platforms being linked to the Internet.

DATA RETENTION AND DESTRUCTION

When Personal Data in our possession is (i) no longer required for any reason connected to the purpose it was originally collected or (ii) retention by us is no longer necessary for any other legal, compliance or business purposes, we will exercise reasonable measures to ensure such Personal Data is either destroyed or anonymised. If this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.

DISCLOSURE OVERSEAS

We may transfer your Personal Data to recipients possibly located outside the country where you live depending on the nature of the products and/or services those recipients provide to us. If Personal Data is so transferred, we will comply with Applicable Laws in doing so. This includes: (i) obtaining your consent, unless an exception exists under Applicable Laws or any other laws, and (ii) taking reasonable steps to ascertain whether the foreign recipient of the Personal Data is bound to comply with standards of protection that are at least comparable to the Applicable Laws.

COOKIES AND TRACKING TECHNOLOGIES

ELITE 4X4 DARWIN uses Cookies and Tracking Technologies (such as eTags, pixels, web beacons/GIFs, local storage, or other identifiers on your device and browser settings) on this Website. Cookies are small text files that we may place on your device to store information in order to recognise you and your device each time you visit our Website. We also use cookies and tracking technologies in order to enhance your online experience, including for preference settings, product offer selection, analytics, conversion attribution and fraud reduction. We use both session and persistent tracking cookies. Session cookies are temporary files that are deleted by your browser once you close it, while persistent cookies stay in a browser subfolder until deleted.

Cookies and tracking technologies used on this Website can be divided into four main categories:

Strictly Necessary - Required for the operation of our Website.
Analytical or Performance - Allow us to recognise and count the number of visitors and to see how visitors move around our Website when using it.
Functionality - Helps us to recognise you when you return to our Website and allows personalisation.
Targeting - Records your visit to our Website, including pages and links used and allows targeted advertising.

ELITE 4X4 DARWIN also uses the services of third-party vendors, who may implement one or more persistent Cookies and Tracking Technologies. The collection, use, and disclosure of information, including Personal Data, collected by third-party Cookies and Tracking Technologies are subject to the privacy and data protection policies of the third-party vendors and are not under our control. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third-party Cookies and Tracking Technologies are likely to be analytical or performance cookies or targeting cookies.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at: https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can find out more information about some of the cookies we use, and the purpose for which we use them in the table here (please note these are non-exhaustive).

How Do I Manage Cookies and Tracking Technologies?

You can disable both first-party and third-party Cookies and Tracking Technologies being stored by activating the setting on your browser that allows you to refuse the setting of all or some Cookies and Tracking Technologies. However, please note that this may result in the loss of Website functionality, restrict your use of the Website, or disable some features.

For more information on Tracking Technologies and Cookies and how to opt-out of them, please visit Your Online Choices.

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.

We may use third-party service providers to monitor and analyse the use of our Website.

The primary service providers we use are:

GOOGLE ANALYTICS AND GOOGLE OPTIMIZE

ELITE 4X4 DARWIN uses certain Google Analytics functions. Information on how your data is collected can be seen at this link. Instructions on how to opt-out of any Google Analytics data tracking can be found here.

ELITE 4X4 DARWIN may use Google Analytics features based on Display Advertising, including but not restricted to the following: Google Optimize, Remarketing, Google Display Network Impression Reporting, DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. Using the Google Ads Settings, you can opt-out of Google Analytics for Display Advertising and Google Optimize and customise Google Display Network ads.

We also uses Remarketing with Google Analytics to advertise online; third-party vendors, including Google, may show ELITE 4X4 DARWIN ads on sites across the internet. ELITE 4X4 DARWIN and third-party vendors, including Google, use first-party Tracking Technologies (such as the Google Analytics cookie) and third-party Tracking Technologies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on visitors’ past visits to ELITE 4X4 DARWIN, as well as report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to ELITE 4X4 DARWIN.

When you log on to the ELITE 4X4 DARWIN Website, ELITE 4X4 DARWIN with the help of Google Analytics may use your browsing behaviour to connect it with any other data that has previously been provided by you, in accordance with this policy.

FACEBOOK ANALYTICS AND FACEBOOK INSIGHTS

Facebook Insights is a tool which tracks user interaction on the ELITE 4X4 DARWIN 's Facebook page, allowing page admins to track usage and improve page performance.

Facebook Analytics is a behavioural analytics solution that helps to track, measure, better understand, and optimise products and customer experience and provides audience information and unifies analytics across devices and channels.

Facebook’s Privacy Policy can be seen at this link. If you want to opt-out of seeing ads on Facebook based on information we’ve received from other websites and apps, you can control this in your ad preferences here.

CONTACT INFORMATION

After reviewing this policy, if you have any questions relating to your Personal Data or about this Privacy Policy, if you have a complaint regarding the collection, use or handling of your Personal Data by us, or a question about how we are complying with Applicable Laws, you may contact us using the details provided below:

By Email

Visit our Contact page or send an email directly to privacy@elite4x4darwin.com.au.

By Post

PO Box 330

Coolalinga, Northern Territory 0839

Australia

Emails and letters should clearly state that you are making a privacy-related, query, request or complaint in the subject line to ensure the matter is dealt with as quickly as possible. We will strive to deal with any query, request or complaint promptly and fairly.

GOVERNING LAW

This Privacy Policy and your use of this Website shall be governed in all respects by the laws of Australia.

CHANGES TO THIS PRIVACY POLICY

We may amend, modify or replace this Privacy Policy at any time. You are encouraged to review our Privacy Policy each time you visit our website to ensure that you are well-informed of our latest policies in relation to Personal Data protection.

UPDATES ON DATA PROTECTION POLICY

As part of our efforts to ensure that we properly manage, protect and process your Personal Data, we will be reviewing our policies, procedures and processes from time to time. In this regard, ELITE 4X4 DARWIN may update this Privacy Policy to ensure that it is consistent with industry trends and any changes in legal or regulatory requirements at our discretion.

Subject to your rights at law, you agree to be bound by the prevailing terms of the Privacy Policy on our Website, any updates to which will be posted on our Website can be viewed at https://www.elite4x4darwin.com.au/privacy-policy.

By continuing to use our Platforms and/or services after the Privacy Policy has been amended, you hereby agree to be bound by the terms of such amended Privacy Policy. If you do not agree with the terms of this Privacy Policy, as it may be amended from time to time, in whole or part, you must terminate your use of the Website.

More Information is Available

You can find more information about your rights and obligations in connection to privacy and the protection of your Personal Data can be found on the website of the OAIC at https://www.oaic.gov.au/.

Last Updated: 06/06/2023