Terms and Conditions

This document covers the types of documents that must be published to official websites managed by Sojitz Group organizations (hereinafter “Websites”). Items marked “Required” must be published when a Website is created, and “Recommended” indicates items that organizations are advised to publish. Organizations must reference this supplementary document as they create “How to Use Our Website” pages, terms of use, privacy policies for Websites. All aforementioned policies must be published on Websites.

Need to input below sentences into Website as Terms & Conditions.

This Website offers services (hereinafter “the Services”) to provide information concerning Albert Automotive Holdings Pty Ltd (ACN 616 126 722) and its related entities (referred to as The Company, we, us or our) .Before using this Website, please carefully read the following terms of use. Please refrain from using this Website if you cannot agree to the terms. We assume that by using the Services, you have agreed to all of the following terms and conditions of use.

Website Terms of Use

  • Amendment to these Terms of Use

The content of these terms of use (hereinafter “these Terms”) are subject to change without notice as necessary. We therefore request that you review the details of these Terms upon each use of the Services.

  • Purpose of Use

This Website is offered for the convenience of users and shall be used at their sole responsibility and only for non-commercial purposes.

  • Copyrights and Trademarks

The information and images on this Website are protected by copyright, trademark, or other intellectual property rights held or managed by the Company. Users shall comply with all laws and regulations with regard to copyrights, trademarks or other intellectual property rights when using this Website. The reproduction, reuse, sale or otherwise in any manner of any information or images, etc. provided on this Website is strictly prohibited without the authorization of the copyright owners.

  • Links

This Website provides links to other sites that are not managed by the Company. The Company does not make any guarantee with respect to the content of such websites.

In addition, users are asked to obtain the Company’s prior approval in order to add a link to the Company’s Website on any website that is not managed by the Company.

  • Protection of Personal Information

The Company will handle users’ personal information in accordance with the Privacy Policy separately published on the Company’s Website. Before using the Services, users should carefully read, and agree to, the Privacy Policy. Regarding the protection of personal information, please see the “Protection of Personal Information” pages, including the Privacy Policy.

  • Disclaimers
    • The Company exercises due care in offering the Services, but does not guarantee the quality of the Services in terms of compliance, integrity, accuracy, security, legality, currentness, or any other aspect of information. The Company assumes no responsibility for any loss arising out of or in connection with the use or inability to use the Services, except where such loss is attributable to the Company’s intentional act or gross negligence. The Company assumes no responsibility for any and all losses resulting from any software or hardware accident arising out of or in connection with the use of this Website, failure of the communication environment, trouble arising between a user and a third party or other incidents, etc.
    • The Company may change or terminate the content of the Services, or suspend or terminate the Services, in whole or in part, without any notice. In such case, the Company assumes no responsibility for any loss suffered by users as a result of the change to or termination of the content of the Services, or the suspension or termination of the Services.

  • Forward-Looking Information

Nothing on this Website was created to solicit the users of this Website to buy or sell the Company’s stock or bonds. The final decision and responsibility with respect to investments rests solely with the users of this Website. Furthermore, statements made on this Website with respect to the Company’s plans, forecasts, and so on that are not historical facts are forward-looking statements based on the assumptions and beliefs of the Company at the time of disclosure. The Company cautions that a number of important risks and uncertainties could cause actual results to differ materially from those discussed in the forward-looking statements, and therefore, the users of this Website should not place undue reliance on the information presented on this Website. The Company disclaims any obligation to update or revise any forward-looking statements, whether as a result of new information, future events, changes in assumptions or otherwise.

  • SSL

This site adopts Secure Socket Layer (SSL) encryption technology. With SSL, the information is transmitted to the registered computer through the network after being encrypted on the personal computers of users.

  1. Governing Law/Jurisdiction

These Terms are governed by the laws of Australia. All disputes arising out of or in relation to this Website and these Terms shall be submitted to the exclusive jurisdiction of the country court of Victoria t in the first instance.

Protection of Personal Information

Privacy Policy (Required)

The Company are committed to the protection of personal information that relates to you in accordance with the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth) (Privacy Act).

This Privacy Policy describes the manner in which we collect, hold and use information that is covered by the Privacy Act. It is not intended to cover categories of information that are not covered by the Privacy Act. If you wish to make any inquiries regarding this Privacy Policy, you should contact us in any of the ways specified in clause 15.

References in this Privacy Policy to “you” are references to you as an individual and/or as a company, organisation or trust as applicable.

We may, from time to time, review and update this Privacy Policy including to take into account new laws, regulations and technology. All personal information held by us will be governed by our most recent Privacy Policy, posted on our website (www.duttongroup.com.au) (Website). Our most recent Privacy Policy will apply to our collection, use and disclosure of Personal Information.

You accept this Privacy Policy and expressly consent to our collection, use and disclosure of your Personal Information as described in this Privacy Policy by using our Website, our products and services or by other communications with us.

  • What information is covered by the Privacy Act?

“Personal Information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not, and whether recorded in a material form or not.

  • What kind of information do we collect and hold?

We may collect and hold Personal Information about you such as your name, gender, date of birth, contact details (including your address, phone numbers and emails, whether personal or for work), financial information, payment details, bank account details, products and services information and preferences. We may also collect Personal Information that you submit to us via the Website, including when you request to join our mailing list or request us to sell your car or procure a car for you.

Why do we collect Personal Information?

  • Why do we collect your information?

We collect Personal Information from customers, employees, contractors and other individuals that is reasonably necessary for one or more of our functions or activities, including: in order to allow us to conduct our business functions, to meet any regulatory requirements which apply to our business, to market and sell our products and services, including using third party providers to process sales and deliver and provide our products, and to conduct employee related activities.

  • How you may deal with us

You have the option to deal with us anonymously or by using a pseudonym.  However you acknowledge that where this is impractical (for example when you enter into a contract with us) or where the law or a court order provides otherwise, we are not required to provide these options to you.

If you choose not to provide your Personal Information to us, we may not be able to undertake certain activities for you such as providing you with requested information, products or services.

Collecting Personal Information

  • When and how do we collect your information?

We collect Personal Information directly from you when you: visit our Website, supply or buy products or services, request information about us or our products or services, provide feedback, respond to a survey, change your content or email preferences, enter into an agreement or contract with us, fill in a form or a request for services (including joining our mailing list or an application to participate in a promotion), fill in a form on our Website (including forms relating to your car details), when you apply to or become an employee of Dutton One, or otherwise contact us by telephone, email, post or in person.

If you provide Personal Information about other individuals to us, you must ensure that you have informed those individuals that you are providing their Personal Information to us and that you have obtained their consent and advised them of our Privacy Policy.

  • Do we collect information about you in other ways?

We may also collect Personal Information about you via third parties including from our suppliers, commercial partners, merchants, direct mail, events or online marketing.

In some circumstances we may receive Personal Information that we have not requested. If this occurs, we will comply with our obligations under the Privacy Act. You acknowledge that we may de-identify and/or destroy this information unless we are required to keep it by law.

Information collected via our Website

  • Website

This Privacy Policy governs how we use, collect or disclose Personal Information provided on our Website. By using the Website you agree to the terms and conditions contained in this Privacy Policy.

We will not collect any Personal Information about users of our Website except when they knowingly provide it or as otherwise described below. For example, we may collect Personal Information from users of the Website when they:

  1. request products and services online, including sourcing and selling cars;
  2. complete an online form, including registering to receive updates, promotional material or other information; and/or
  3. otherwise correspond with us.
  4. Click Stream Data

When you visit and browse our Website, our Website host may collect Personal Information for statistical, reporting and maintenance purposes. Subject to clause 7.2, the Personal Information collected by our Website host will not be used to identify you.  The information may include:

  1. the type of browser and system you are using;
  2. the address of the website you have come from and move to after your visit;
  3. the number of users visiting our Website and the number of pages viewed;
  4. the date, time and duration of a visit;
  5. the IP address of your computer; or
  6. the path taken through our Website.

Our Website host uses this information to administer and improve the performance of our Website, including to assist with the diagnosis of and to provide support for any issues with our Website or services.

  • Cookies

Cookies are small text files that are transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns.

If you access our Website, a cookie is downloaded onto your computer’s hard drive when you first log on to our Website. We use cookies to allow us to personalise your browsing and online experience on our Website. You can adjust your internet browser to disable cookies, however we may not be able to provide you with all the service or functionality you require on our Website if you choose to do so.

  • Web Beacons

Web beacons are images that originate from a third party site to track visitor activities. We may use web beacons to collect aggregate data and provide this information to our Website host to administer and improve the performance of our Website.

  • Advertising

We may use Google and/or other third-party service providers to serve ads on our behalf across the Internet and sometimes on our Website. They may collect anonymous information about your visits to our Website (not including your name, address, email address or telephone number), and your interaction with our products and services. They may also use information about your visits to the Website and other websites to target advertisements for goods and services in order to provide more relevant advertisements about goods and services of interest to you.

  • Links to external websites

If you follow any links to third party external websites from our Website, the Privacy Policy will not apply to those websites which may have their own policies relating to privacy and data collection and website usage. If you choose to access any linked website or to provide any Personal Information on such websites you should review their policies and terms of use to learn more about how they may use your Personal Information. We are not responsible for and will not be liable for the operations or policies of any third party external website.

How we use Personal Information?

  • How we use the Personal Information we collect about you?

We use the Personal Information we collect about you for our business functions and activities, which may include the following:

  1. to provide you with information, products or services you have requested, including where we engage third parties to process orders or provide you with goods or services on our behalf;
  2. to provide you with a customer account, including evaluating and processing your application for a customer account;
  3. to manage your customer account or credit account (if applicable), including orders and payments, collecting overdue amounts, and managing fraud and risks;
  4.  to promote and market our products and services to you, including to communicate with you via SMS or email newsletters;
  5. to personalise and customise your experiences on our Website;
  6. to help us research the needs of our customers;
  7. to conduct research for the purposes of improving existing products or services or creating new products or services;
  8. to provide you with ongoing information about us and our activities;
  9. to allow us to provide third party information and offers in which we believe you may be interested;
  10. to use aggregated or de-identified information for the purposes of data analysis, research and reporting;
  11. to comply with regulatory or other legal requirements;
  12. for purposes related to the recruitment and employment of our personnel and providing internal services to our staff; and
  13. for any other use required or permitted by law or any other purpose communicated to you at the time that the Personal Information was collected or for which you provided your consent.

We may use your Personal Information for a secondary purpose if that secondary purpose is related to the purposes listed in this clause VI.i, if we have your consent or if otherwise provided for under the Privacy Act.

Generally, we will only collect and use your Personal Information in accordance with this Privacy Policy. In the event that we collect or use Personal Information in ways other than as stated in this Privacy Policy, we will ensure that we do so in accordance with the Privacy Act.

  • Direct marketing

We may use your Personal Information to provide you with direct marketing materials if you would reasonably expect us to or if you consent to receive direct marketing materials. We will seek your consent to provide you with direct marketing materials if we have obtained your Personal Information from a third party. Direct marketing material may include promotional material about us or the products or services we offer.

You may opt out of receiving direct marketing material by contacting us in any of the ways specified in the direct marketing materials or as set out in clause 15.

When do we disclose Personal Information?

  • Who do we disclose your Personal Information to?

Depending on the nature of your relationship with us, we may disclose your Personal Information to our shareholders, officers and employees, other businesses within our group of companies, service providers who assist us in our business operations and recruitment activities (including third party service providers), government agencies, parties involved in the purchase or sale of any of our businesses, other third parties, (including parties that we engage to process orders for our products, provide you with goods or services on our behalf or who are connected with or involved in our relationship with you), or otherwise as required by law.

  • Service providers

We may also disclose your Personal Information to our Website host or service providers in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner. To the extent that we do share your Personal Information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this Privacy Policy.

We may also share non-personal, de-identified and aggregated information for research or promotional purposes in connection with providing requested information or services to you, or for the purpose of improving our services. We will not sell your Personal Information to third parties for marketing purposes.

Unless otherwise specified in this Privacy Policy, we or our Website host will not disclose any of your Personal Information to any other organisation unless the disclosure is required by law, is otherwise permitted by the Privacy Act, or is with your consent.

Disclosure of your Personal Information overseas

As at the date of this Privacy Policy, we are not likely to disclose your Personal Information to overseas recipients. If we propose to disclose Personal Information overseas in future, we will do so in compliance with the requirements of the Privacy Act. We will, where practicable, advise you of the countries in which any overseas recipients are likely to be located. If you do not want us to disclose your Personal Information to overseas recipients, please let us know.

Employee Records

Employee records are not generally subject to the Privacy Act. As such this Privacy Policy may not apply to the handling of employee related information. Please contact us directly for information about our employee information handling practices.

Notifiable Data Breaches Scheme

The Notifiable Data Breaches Scheme (NDB scheme) in Part IIIC of the Privacy Act sets out obligations for notifying affected individuals, and the Australian Information Commissioner (Commissioner), about a data breach which is likely to result in serious harm.

Where serious harm to affected individuals is likely, we will notify those individuals and the Commissioner in accordance with our legal obligations. You may contact our Privacy Officer via the contact details below should you require additional information.

Storage and security of Personal Information held by us

We will take reasonable steps to protect your Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure.

We aim to keep your Personal Information secure and up to date. We will comply with our obligations under the Privacy Act in relation to any Personal Information that we handle, including information which is held on our computer systems.

Personal Information that is held by us in hard copy is stored securely on our premises and is only disclosed or used for the purposes described in this Privacy Policy.

Updating and correcting your Personal Information

We will take reasonable steps to ensure that the Personal Information that we hold is accurate, up-to-date and complete. You can update your Personal Information at any time by contacting us in any of the ways specified in clause 15. We welcome any changes to your Personal Information so as to keep our records up to date.

How long will we keep your Personal Information?

We will keep your Personal Information only for as long as required for our business purposes and otherwise as required by Australian law.

Where we no longer need to keep your Personal Information in accordance with this clause 13, we will take reasonable steps to destroy or de-identify your Personal Information.

If you wish to have your Personal Information destroyed or de-identified, please let us know and we will take reasonable steps to do so (unless we need to keep it for legal, auditing or internal risk management reasons, or as otherwise required by law).

Finding out what Personal Information we hold about you

You are entitled to access Personal Information that we hold about you.  If you request access to your Personal Information, we will grant your request unless providing you with access would unreasonably impact upon the privacy of others or is not otherwise permitted under the Australian Privacy Principles or at law. If we refuse your request to access your Personal Information, we will provide you with written reasons for the refusal.

A request for access can be made by contacting us in any of the ways specified in clause 15.

How to contact us, find out more information or make a complaint?

If you feel that your privacy has not been respected or that we have conducted ourselves inconsistently with this Privacy Policy, the Australian Privacy Principles, a registered APP Code and/or the Privacy Act in respect of your Personal Information, or for any other queries, problems, complaints or communication in relation to this Privacy Policy, please contact us in any of the following ways:

  • Email

privacy@duttongroup.com.au

  • Post

Att:  Privacy Officer

Dutton Group
41 Madden Grove
Richmond VIC 3121
Australia

You can find out more information about the Privacy Act and the Australian Privacy Principles from the Office of the Australian Information Commissioner. The Commissioner may be contacted at www.oaic.gov.au or by email at enquiries@oaic.gov.au.

Last updated: October 2022