Privacy Policy

We are committed to protecting and maintaining privacy, accuracy and security of personal information in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth) (“Privacy Act”), as well as other applicable laws and codes.

This Privacy Policy sets out Our policy relating to the collection, use and disclosure of Your personal information including in relation to Your access to, and use of, Our Site and Services. By using Our Services, You consent to be bound by this Privacy Policy.

1. What personal information do We collect?

1.1. We may collect information about You when You visit Our Site or in connection with Our Services.

1.2. We may collect the following information:

(a) Your name, age, email address, mailing address, phone number, Vehicle Identification Number (or VIN), mobile phone number;

(b) Your financial information, such as Your bank account or credit card details (as required); and

(c) any other personal information You provide to Us for the Services.

Providing Us with such information is strictly voluntary. However, if complete and accurate information is not provided to us, You may not be able to access or use some or all Our Services.

1.3. When visiting Our Site or accessing Our Services through an in-car application, mobile application or online, We may also collect and store the following details:

(a) IP address from which You access Our Site or Services;

(b) the date and time You access Our Site or Services;

(c) any third party website from which You linked to Our Site or accessed Our Service;

(d) statistics on page views, traffic to-and-from Our Site and Services; and

(e) other transactional information about Your access to Our Site or Services.

2. Third Party Services

2.1. Our Site and Services may contain links and pointers to advertisments, applications and internet sites maintained by third parties providers (“Third Party Services”). Some Third Party Services can be accessed and viewed through Our Site or Services, others may run independently. Third Party Services are not under Our control and We are not responsible for their content (including suitability for Your intended use) or any link contained in a Third Party Service.We do not endorse any information on Third Party Services or any associated organisation, product or services.

2.2. You are responsible for reading the privacy policies and/or practices associated with the Third Party Service.

3. Use of Cookies

3.1. In visiting Our Site or accessing Our Services, We may also utilse “cookies” to enable Us to monitor traffic patterns and to serve You more efficiently. A cookie does not identify You personally, but it does identify Your computer. You can set Your internet browser to notify You when You receive a cookie and this will provide You with an opportunity to either accept or reject it in each instance.

3.2. Third Party Services may also utilise cookies.

4. How do We use personal information?

4.1. In addition to using Your personal information to provide Our Services to You or Your organisation, this information may be used:

(a) to verify Your identity, respond to Your requests, and contact You when necessary;

(b) to provide You with news, information and material in relation to Our Services or direct marketing and promotional content of Us, Our partners and affiliates;

(c) to monitor who is accessing Our Site or using Our Services;

(d) to profile the type of people using Our Site or Services;

(e) to improve Our Site or Services; and

(f) as otherwise permitted by law.

5. To whom do We disclose personal information?

5.1. We may provide Your personal information to:

(a) parties to whom You authorise us to disclose Your personal information;

(b) Our partners, affiliates, contractors and consultants, assisting Us in the provision of Services to You;

(c) government and regulatory authorities, as required or authorised by law; or

(d) other third parties as permitted by law.

5.2. Third parties to whom we disclose personal information may from time to time be located overseas, including, but not limited to, Our partners and affiliates in the United States, European Union, Australia, and Asia. You consent to any such overseas disclosure and acknowledge APP 8.1 will not apply to such disclosure.

6. Can I opt-out of providing personal information?

6.1. If You do not wish to have Your personal information used or disclosed in a manner described in this Privacy Policy, You can contact us. However, You may not be able to access, or use, all or part of Our Site or Services.

6.2. In addition, We may still use or disclose that information if:

(a) We subsequently notify You of the intended disclosure and You do not object to that use or disclosure;

(b) We believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions;

(c) to enforce Our Terms and Conditions;

(d) to protect Our rights;

(e) to protect the safety of members of the public and users of Our Site and Services; or

(f) We are required by law to disclose the information.

7. Can I opt-out of promotional and marketing content?

7.1. You may elect to opt-out of receiving direct marketing and promotional communications by contacting us by email or telephone at the contact details below, or by any other simple means to opt-out We provide You. However, some of Our Services may include a direct marketing and promotional communications feature as part of the Service which cannot be removed and as such You may not be able to access or use some of Our Site or Services if You elect to opt-out of all direct promotional and marketing communications.

7.2. All notification emails and MiRoamer newsletters provide You these instructions for opting-out of these future communications.

8. Data Security

8.1. We will take reasonable steps to protect all personal information which we hold from misuse, loss and from unauthorised access, modification or disclosure.

8.2. You should be aware when using Our Site or Our Services through an in-car application, mobile application or online that no data transmission over the internet can be guaranteed as completely secure. We do not warrant the security of any information You transmit to us over the internet, and You do so at Your own risk.

9. How can You access and correct Your personal information?

9.1. We encourage You to update Us regularly with Your personal information to ensure We hold information about You that is up-to-date, accurate and complete. You may make a request for access to or correction of any personal information we hold about You. We may request You to verify Your identity before processing Your request.

9.2. A fee will not apply to making a request for access or update Your personal information. A fee may apply and be charged for providing the information to You. The fee covers the cost to us in collating, copying and providing certain information to You.

9.3. In some circumstances where We correct a record, We may still require retention of the original record.

9.4. In some circumstances, We may refuse to provide You with access to or correct Your personal information including, but not limited to, where:

(a) giving access would have an unreasonable impact on the privacy of others;

(b) the information relates to existing or anticipated legal proceedings, and the information would not be discoverable in those proceedings;

(c) giving access would be unlawful;

(d) denying access is otherwise required or authorised by law; or

(e) the request for access is frivolous or vexatious.

9.5. If We refuse to provide You with access to or correct Your personal information, We will provide You with an explanation in writing.

10. Contact Us

10.1. If You have any questions about this Privacy Policy, You wish to access or correct or make an inquiry regarding any personal information relating to You which may be in Our possession, if You have a query regarding Our privacy practices, if You have a complaint in relation to a breach of the Australian Privacy Principles, or to request a printed copy of this Privacy Policy, please contact the Our Privacy Officer at postal address: 600 St Kilda Rd, Melbourne VIC 3004, or email: privacy@miRoamer.com.

10.2. Any complaint should be made first in writing to Us. We will then respond to Your complaint in writing. We may require You to provide further information about Your complaint to duly assess Your complaint. If We are unable to resolve Your complaint to Your satisfaction, a complaint may also be made to the Office of the Australian Information Commissioner.

11. Changes to this Privacy Policy

We reserve the right to change, modify or update this Privacy Policy at any time, without liability to You, by notice to You or publication on Our Site or through Our Service (as applicable). You will be bound by the changes immediately upon notification or publication, unless otherwise set out in this Privacy Policy or the notice.

12. Definitions

In this Privacy Policy:

12.1. MiRoamer means our platform for Registered Users to access and stream Internet radio station on-demand music services and other digital media content services;

12.2. Registered User means a user of MiRoamer registered with us;

12.3. Services means any of Our services (including, but not limited to MiRoamer);

12.4. Site means Our website at www.miroamer.com;

12.5. Terms and Conditions means the terms and conditions applicable to Our Services;

12.6. We, Us, Our means MiRoamer Pty Ltd (ACN 129 707 026); and

12.7. You, Yourself, Your means any person, business, company, firm or organisation with whom we deal.

Effective 26 May 2014