Privacy Policy

APEX Mobility Pty Ltd ABN 42 638 043 893 (‘APEX Mobility’)

1. About this policy

   This policy sets out how APEX Mobility Pty Ltd ('APEX Mobility') ABN 42 638 043 893 collects, uses, manage and discloses your personal information.

   APEX Mobility appreciates the importance of protecting your personal information. APEX Mobility's privacy policy complies with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) ('Privacy Act'), and explains how your personal information will be managed when dealing with APEX Mobility.

   When you engage APEX Mobility to provide you with any goods or services, apply or complete an application for commercial credit, communicate with APEX Mobility through email, by telephone, in writing, participate in any of APEX Mobility's promotional activities, or use any of APEX Mobility's other services, including its websites, you agree to the use and disclosure of your personal information in the manner described in this policy. This policy is also relevant and applies to other individuals APEX Mobility deals with, in connection with commercial credit APEX Mobility provide, such as guarantors and directors.

   APEX Mobility may from time-to-time review and update this Privacy Policy so please check our website periodically to stay informed of any updates. All personal information collected and held by APEX Mobility will be governed by the most recently updated Privacy Policy.

2. The purpose for collecting your personal information

   The kinds of personal information APEX Mobility may collect from you will depend on what type of interaction you have with APEX Mobility. Personal information that APEX Mobility may collect from you includes, among other things, name, address and contact details;

   • your credit or debit account details;
   • user ID's and passwords;
   • any goods or services provided to you;
   • records of your communications with APEX Mobility;
   • website usage information.

   APEX Mobility will generally collect and use your personal information for the primary purpose of:

   • APEX Mobility's business operations;
   • effectively providing you with APEX Mobility's goods and services;
   • where applicable, assessing and processing an application for commercial credit, and for administrative purposes in relation to the ongoing management of your commercial credit arrangement;
   • communicating with you;
   • conducting, improving and developing a business relationship with you;
   • direct marketing (such as providing individuals with information about our products and promotional notices and offers); and
   • improving APEX Mobility's website.

   Your personal information is only collected by lawful and fair means and where practicable, only from you or from a person acting or authorised to act on your behalf. Where you have applied for commercial credit account with APEX Mobility, APEX Mobility may also make enquiries in respect of commercial credit with third parties with your consent. This could include persons nominated by you as trade references, credit reporting bodies ("CRBs") and your bankers.

   APEX Mobility will take reasonable steps to ensure that you are aware of:

   • the likely use of the information;
   • the right of access to the information;
   • the identity and contact details of our employee/representative collecting your personal information;
   • any law requiring collection of the information; and
   • the main consequences of failure to provide your personal information.

3. How we may use and disclose your personal information

   APEX Mobility may disclose your personal information:

   • for the primary purpose for which it was collected, such as those described paragraph 2;
   • assessing and processing an application for, or administrative and management of, and commercial credit account with us;
   • administering and responding to your enquiry or feedback about our products and/or services;
   • to APEX Mobility's related companies, suppliers, consultants, contractors or agents for the primary proposes for which it was collected or for other purposes directly related to the purpose for which the personal information is collected. For example, your name and telephone number may be disclosed to a APEX Mobility supplier to enable that supplier to respond to your request for information about a particular product;
   • where you have consented;
   • to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights;
   • for direct marketing by APEX Mobility, but giving you the opportunity to opt out of such direct marketing; APEX Mobility includes its contact details in any direct marketing APEX Mobility does not disclose your personal information for any secondary purposes unless your consent has been given or as required by law.

   APEX Mobility will not sell or license any personal information that it collects from you.

   Where the Privacy Act permits APEX Mobility to do so, APEX Mobility may also disclose your credit related information (in respect of commercial credit) to CRBs such as Veda or Dunn & Bradstreet, if you apply for commercial credit or request to increase in your commercial credit limit with APEX Mobility.

   Where APEX Mobility collects information that APEX Mobility are likely to disclose to a CRB, please note:

   • the CRBs may include that information in reports provided to APEX Mobility to assist it to assess your creditworthiness;
   • if you fail to meet payment obligations in relation to commercial credit or commit a serious credit infringement, APEX Mobility may be entitled to disclose this to the CRB;
   • if you are an individual, you may access information from APEX Mobility in accordance with this privacy policy and may access this information for the purpose of requesting APEX Mobility to correct the information or make a complaint to APEX Mobility.

   APEX Mobility will only disclose personal information to CRBs where APEX Mobility is a member of a recognised External Dispute Resolution Scheme ('EDR Scheme'). If APEX Mobility disclosing your personal information to CRBs, APEX Mobility will provide you written notice prior to that disclosure, as well as the details of the recognised EDR Scheme.

4. Accurate and up-to-date information

   APEX Mobility takes steps to ensure your personal information is accurate and up-to-date by updating its records whenever changes to the data come to its attention. APEX Mobility disregards information that seems likely to be inaccurate or out-of-date by reason of the time that has elapsed since it was collected or by reason of any other information in its possession.

5. Using our Website

   As with most websites, when you visit the APEX Mobility website or use an application on the APEX Mobility website, APEX Mobility may record anonymous information such as IP address, time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.

   APEX Mobility also uses "cookies". A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal information. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the APEX Mobility website, but the website may be limited in the use of some of the features.

   The APEX Mobility websites may contain links to or from other websites. APEX Mobility is not responsible for the privacy practices of other websites. This privacy policy applies only to the information it collects on the APEX Mobility website. We encourage you to read the privacy policies of other websites you visit via a link on APEX Mobility's website.

6. Marketing and Opting-Out

   APEX Mobility may use your personal information for:

   • promoting and marketing of its current and future products and services;
   • informing you of upcoming events and special promotions and offers; and
   • analysing APEX Mobility products and services so as to improve and develop new products and services.

   APEX Mobility may exchange your personal information between its related entities and so they can also assist in the marketing of APEX Mobility products and services to you.

   APEX Mobility will only offer you products or services, where its reasonably believe that they could be of interest or benefit to you.

   At the point APEX Mobility collects information from you, you may be asked to "opt in" to consent to APEX Mobility using or disclosing your personal information. You will generally be given the opportunity to "opt out" from receiving marketing communications from APEX Mobility. You may "opt out" from receiving these communications by clicking on an unsubscribe link at the end of an email or by contacting APEX Mobility with this request.

7. Security of your personal information

   APEX Mobility protects your personal information from misuse or loss by restricting access to the information in electronic format, and by appropriate physical and communications security. Any data destroyed is disposed of in a manner that protects the privacy of information in an appropriate manner.

8. Dealing with unsolicited information

   APEX Mobility takes all reasonable steps to ensure that all unsolicited information is destroyed immediately.

9. Access to your personal information

   APEX Mobility acknowledges that you have a general right of access to information concerning you, and to have inaccurate information corrected.

10. Anonymity when dealing with APEX Mobility

    APEX Mobility allows you the option not to identify yourself when dealing with it, only where practicable.

11. Cross border disclosure

    Your personal information may also be processed by, or disclosed to employees, representatives, or other third parties operating outside of Australia who work for, or are engaged by APEX Mobility in other countries.

    APEX Mobility will take reasonable steps, in the circumstances, before your personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information ('the Required Steps').

    The Required Steps do not apply if you consent to the disclosure of your personal information to an overseas recipient. By supplying your personal information to APEX Mobility, you consent to the disclosure of your personal information to an overseas recipient and agree that the Required Steps do not apply.

    If you consent to the disclosure of your personal information to an overseas recipient, the overseas recipient will not be accountable under the Privacy Act, and you will not be able to seek redress for breaches under the Privacy Act.

12. Collecting sensitive information

    APEX Mobility collects sensitive information in the form of your health information. This is permitted by law in instances where such collection is for the purpose of providing a health service. Your health information will be collected in the methods described above.

    Any sensitive information will be used only for the primary purposes described above. Sensitive information will not be used for any secondary purposes unless your consent has been given or as required by law.

    APEX Mobility does not use government identifiers (e.g. NDIS Participant number, tax file numbers, etc) to identify individuals.

13. How this policy changes

    This policy may change from time to time. A current version of this policy will be published on APEX Mobility's website or may be obtained free of charge upon request by contacting us, using the contact details listed below.

14. Who should you contact for further information?

    Please refer any queries, suggestions, or complaints to:

    Client Feedback, APEX Mobility Pty Ltd., 4 Phiney Place, Ingleburn, NSW, 2565, Australia

    Phone: 1300 212 192. Email: clients@apexmobility.com.au