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Privacy Policy



This is the Privacy Policy for mart EV Solutions Pty Ltd T/A Tribus ABN 74 650 654 916 dated 7 November 2023 ("Privacy Policy").

By agreeing to this Privacy Policy pursuant to our End User Licence Agreement, or as otherwise contemplated by this Privacy Policy:

  1. You consent to our collection, use, storage, disclosure, sharing, and means of protecting your information, including any Personal Information, in accordance with the terms of this Privacy Policy; and
  2. This Privacy Policy applies to the Smart EV Solutions Pty Ltd Website and all related sites, applications (including the EV Hub website and App), Services, and tools regardless of how you access them; and
  3. This Privacy Policy applies to any electronic communication that you have with Smart EV Solutions Pty Ltd.


This Privacy Policy is available at https://www.tribus.com.au/privacy-policy.


1.0 Definitions and interpretation


1.1 In this Privacy Policy capitalised terms have special meanings. Please refer to the Glossary in section 11 for the meanings of these terms.


1.2 Words such as "include", "including", "for example" "such as" and similar terms are not terms of limitation and do not limit the scope of the relevant subject.


2.0 Parties bound


2.1 You accept this Privacy Policy in the ways described in our End User Licence Agreement.


2.2 In addition to clause 2.1 you accept this Privacy Policy in each of the following events:

  1. you access the EV Hub App;
  2. you access the EV Hub Website;
  3. you submit any information to us using any feature (such as an enquiry form) on the Website or the EV Hub App;
  4. you purchase a product, service, or otherwise initiate a financial transaction with us, including on the Website or the EV Hub App;
  5. you send information to us using any Electronic Communication;
  6. you respond to any survey, poll, or other request for information conducted by, or on behalf of Smart EV Solutions Pty Ltd.


2.3 We may amend this Privacy Policy at any time by posting a revised version on the Website. The revised version will be effective at the earliest occurrence of any of the events that apply to you in clause 2.2, and if none of those occur prior, then the amended version will apply 7 days after we post the revised version on the Website. For avoidance of doubt, the current version will remain in effect until the amended version takes effect. It is your responsibility to review and satisfy yourself of the terms of this Privacy Policy from time to time.


2.4 To the extent that mart EV Solutions Pty Ltd T/A Tribus is bound to comply with the Australia Privacy Principles ("APP"), nothing in this Privacy Policy is to be read to impose any obligation beyond our obligations under the Privacy Act 1988 (Cth). The information below describes how we comply with such obligations.

You are responsible for the accuracy of any information that you provide to us for any purpose.

Upon accepting this Privacy Policy its provisions apply to information about you that we hold, and any information about you that we collect in the future.


3.0 What are the kinds of information that we collect


3.1 The information may include Personal Information, data on the pages you access, device identifiers, your location, standard web log data, Services related data, and other information as described in the following paragraphs of this clause 3. 


Personal Information


3.2 Throughout this Privacy Policy, we use the term 'Personal Information' to describe information that can be associated with a specific person and can be used to identify that person. We do not consider Personal Information to include information that has been made anonymous and does not identify a specific person (including a User). Personal Information has the meaning provided in the Privacy Act 1988 (Cth) from time to time, which at the time of writing is in the following form:

"information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  1. whether the information or opinion is true or not; and
  2. whether the information or opinion is recorded in a material form or not."


Web log data


3.3 Web log data incudes the browser type youíre using and traffic to and from your browser or other access device. 

3.4 In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with the Website and App. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.


Services related data


3.5 Services related data includes: 

  1. data relating to the activities relating to your use of the Website, or 
  2. data relating to the activities relating to your use of the App; or
  3. data relating to your electric vehicle; or
  4. data relating to your use of a Network connected electric vehicle charger; or
  5. data relating to the activities relating to your use, or proposed use of our Services; or
  6. details relating to any communication otherwise completed by, or in relation to, you through the Website, App, or use of our Services.


Enquires


3.6 If you submit a query or other information on the Website, or contact us through any Electronic Communication, or you contact us by phone, we may collect the following types of information:

a. contact information, such as your name, address, phone, email and other similar information;

b. detailed Personal Information, such as your date of birth or other personal identifiers; or

c. information necessary to identify you or authenticate your access to our Services.


Vehicle related data


3.7 If you submit a vehicle identification number (VIN) or other vehicle identifier, including registration plate, vehicle related data may include some or all of the following as applicable:

  1. The VIN; or
  2. The registration plate sequence (or registration number);
  3. The vehicle make;
  4. The vehicle type;
  5. The vehicle origin, or place of manufacture;
  6. The vehicle date of manufacture;
  7. The vehicle compliance, including licensing and certification information, with federal and state legislation;
  8. The vehicle description;
  9. The vehicle GVM;
  10. The vehicle GCM;
  11. The vehicle TARE;
  12. The registration charging code or equivalent;
  13. The vehicle purpose of use;
  14. The vehicle registration status;
  15. The certificate of inspection status;
  16. The certificate of inspection due date;
  17. The vehicle registration expiry; 
  18. Registered owner, including state or territory customer reference number;
  19. Registered operator, including state or territory customer reference number;
  20. State or Territory of registration;
  21. Location data;
  22. Service and maintenance related data;
  23. MAC (media access control) address and other hardware identifiers;
  24. Systems identifiers, versions, authors, and related information;
  25. Other related data, including fuel or drive type, electronic systems (name, version, author, licensor, licensee, and all related information), mechanical systems, tracking systems, identification systems, tokens, and tags; and
  26. Associated information and data acquired from third party systems in relation to any of the above.


Payment data


3.8 We may collect data relating to payments made to us, payments made to our suppliers, and payments made to our customers using the Website, the App, or otherwise through access to our Services, and information relating to any related transaction, including orders, invoices, receipts, and other documentation relating to the goods or services to which the payment relates.


Intermediary data


3.9 To the extent that we deliver our Services to you through, or because of an introduction made by, another person (the intermediary), we may collect information about the intermediary, information the intermediary holds about you, and information about the relationship you have with the intermediary.


Customer data


3.10 If you use our Services for, or in relation to your customers, or we have authorised you to perform certain functions for us, or to provide your services to our customers, then we may collect information about you, your services, the customers, and your relationship with the customers.


Delivery and shipping data


3.11 To the extent that we need to deliver any goods or services to you then delivery or shipping data includes all information necessary to give effect to delivery of our goods or Services including:

  1. Locations to which goods are to be delivered;
  2. Locations to which our Services are to be delivered;
  3. Locations or addresses (either physical or electronic) to which goods or Services are to be delivered, posted, or sent;
  4. Information contained in or attributable to any documents required or produced by transport operators, common carriers, agents, or other associated service providers;
  5. Information relating to import, or export, or transport of certain goods as required or permitted by law.


Third party data


3.12 In addition to the other types of data discussed above, we may also obtain any information about you from third parties such as credit bureaus, identity verification services, authentication services (for example if you use Single Sign-on), inbound marketing service providers, online marketing platforms (such as Google or Facebook), social media platforms, and providers of web-tracking data.


Other information


3.13 We may also collect additional information from or about you in other ways, such as through our support team, results when you respond to a survey or poll, and from interactions with any other person through the Website, through the App, through any of our social media accounts, or in person or through Electronic Communication in regard to our Services.


How do we collect and store information


4.0 Collection


4.1 We collect information that you provide to us when we communicate with you.

4.2 We collect information sent to us by your telecommunications carrier, internet provider, computer, mobile phone, or other a. access device when you:

  1. contact us by phone;
  2. receive or respond to messages from us, or send messages to us, using electronic systems including without limitation Electronic Communications or others;
  3. download information, scripts, code, data, images, media, tokens, and other types of content from our servers;
  4. navigate to the Website, or any related pages with web browser;
  5. use the App;
  6. submit any information using an enquiry form or by any other method provided on the Website;
  7. otherwise use the Website to obtain information or Services from us. 


4.3 We collect web-tracking information from third parties about your information, product, and service preferences.


4.4 We collect information about devices connected to networks, activities conducted on networks and information about electronic networks:

  1. That we control or administer; 
  2. That we access to control or administer our assets or devices connected to that network;
  3. That we access to control or administer customer assets or devices connected to that network;
  4. That we access to monitor, or acquire information from, for the purposes of conducting our business or for delivery of the Services, as the case may be.


Storage


4.5 We store and process your Personal Information and other information on our computers in Australia, and our contract service providers' computers in the United States of America, and other foreign countries including members of the European Union.


4.6 We do not store Payment Card Identification Data or Payment Card Authentication Data, these details are communicated directly to a PCIDSS compliant payment processor. The payment processor may store some of these data types, and the data stored by them will be subject to selections you make when initiating a payment. However, we may apply identifiers to any payment made by you, so that we can track, reconcile, and attribute any payment from you to our Services.


4.7 We may also store information on your computer or other access device using Cookies.


How do we use Cookies


4.8 When you access the Website or communicate with us electronically, we may place small data files on your computer, or other device. These data files may be cookies, pixel tags, tokens, or other local storage provided by your browser, our App instance, or associated applications (collectively ìCookiesî). We use Cookies to:

  1. identify you as a User
  2. enable functionality on and to customise the Website and related content;
  3. measure promotional effectiveness;
  4. mitigate risk and prevent fraud; and
  5. to promote trust and safety with our Users and the Website.


4.9 We may use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you end your session on the Website or close your browser. Persistent Cookies remain on your browser until you erase them or they expire.


4.10 We may encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of the Website


We have no control over third party Cookies


4.11 You may encounter Cookies on websites that we do not control, and we are not responsible for third party websites or systems. For example, if you access a third party website through a link on the Website, there may be one or more Cookies placed by the third party web page or an application within it.


Third party storage


4.12 We may engage third parties to deliver some or all of our Services to you. To the extent that a third party is responsible for delivering any of our Services, that third party may store your information on their systems for the purposes for which we have contracted with them.


5.0 What are the purposes for which we collect, hold, use and disclose information


Primary purpose


5.1 Our primary purpose in collecting Personal Information is to provide you with our Services (which includes the sale and delivery of goods) and information about our Services. 


Secondary purposes


5.2 We may also use your Personal Information to (the secondary purposes):

  1. send direct marketing to you (subject to clause 5.4);
  2. provide the Website, the App, our Services, and customer support;
  3. resolve disputes, collect fees, and troubleshoot problems;
  4. prevent potentially prohibited or illegal activities, and enforce our End User Licence Agreement, which can be viewed at https://ev-hub.com.au/EULA;
  5. customise, measure, and improve the Website or App;
  6. contact you: 
  7. i. at any telephone number, by placing a voice call or through text (SMS); or 
  8. ii. by email messaging at any email address that you provide to us; or
  9. iii. by any means of Electronic Communication as requested or agreed by you; or
  10. compare information for accuracy, and verify it with third parties; or
  11. monitor activities related to our Services and delivery of our Services; or
  12. analyse the use, utilisation, consumption, and other aspects relating to our Services and capacity to deliver our Services; or
  13. forecast requirements for future delivery of our Services; or
  14. audit, reconcile, and measure your use, and our delivery of our Services; or
  15. develop plans, strategies and procedures for our business and Services; or
  16. compile and report on data related to our Services; or
  17. any other purposes that are essential or incidental to the primary purpose, and other secondary purposes set out above.


Consequences of not collecting information


5.3 If we cannot collect information from you for our primary purposes, and to the extent necessary our secondary purposes, it will likely be impossible for us to provide you with our Services, or information about our Services.


Direct marketing op-out


5.4 If you do not wish to receive marketing communication from us, outside of the Website and App then you may opt-out at any time by using the unsubscribe or opt-out feature contained in the communication that we send to you. Upon receipt of your opt-out request, we will no longer send you direct marketing information. Please note that such opt out does not affect any direct information request that you have made, or any correspondence relating to Services that we are providing to you, or may provide to you as a result of communication from you.


Combined data


5.5 We may combine information that we collect from you with information we collect from third parties and use it to improve our Services and personalise your experience on the Website or the App, personalise and optimise content served up or delivered to you, and personalise any advertising or marketing information displayed on our Website or sent to you by other means of communication. 


Aggregated data used for business development


5.6 De-identified information generated by the Website and App, which includes data relating to your use, and use by others, of the Website and App, is used by us for our internal business development purposes.


Aggregated data used for reporting and other business purposes


5.7 De-identified information generated by our systems, which includes data relating to your use, and use by others, of our Services, is used by us to report on our business, and to deliver information products to third parties, including our customers.


6.0 How and to whom do we disclose information


General


6.1 We may share (disclose or receive) your Personal Information with the following persons, or classes of persons (each an Authorised Recipient).

  1. Related Entities (as defined by the Corporations Act 2001 (Cth).
  2. Service providers under contract who help with our business operations such as (not an exhaustive list) suppliers, subcontracted service providers, infrastructure providers; fraud prevention, bill collection, shipping and transport, marketing, analytics, tracking, and other technology services. 
  3. Network owners and operators, with whom we contract in relation to our Services.
  4. Financial institutions (including banks), merchant service providers, payment gateway providers, card issuers (such as Vias and Mastercard), and other service providers involved in the processing of payments and delivery of services relating to transfer of funds between us, our customers, and our suppliers.
  5. Regulators acting within their power and authority over any aspect of our business.
  6. Companies that we plan to merge with or be acquired by. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your Personal Information. If your Personal Information could be used contrary to this policy, you will receive prior notice.
  7. Law enforcement, government officials, or other third parties pursuant to subpoena, court order, or other legal process or requirements applicable to Smart EV Solutions Pty Ltd or any of its affiliates. 
  8. To law enforcement agencies, or contracted investigators, when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our End User Licence Agreement.
  9. Other third parties with your consent or direction to do so.


We are not responsible for third parties or their websites


6.2 If you create an account, take membership on, or transact directly on a third party website or via a third party application, any information that you enter on that website or application will likely be shared with the owner of that website or application. These sites are governed by their own privacy policies and terms and conditions and you are encouraged to review their privacy policies before providing them with Personal Information. Smart EV Solutions Pty Ltd is not responsible for the content or information practices of third parties.


We do not rent or sell your personal information to third parties for their marketing purposes.


6.3 Smart EV Solutions Pty Ltd will not sell or rent any of your Personal Information to third parties for their marketing purposes without your permission.


7.0 Do we disclose information to recipients outside Australia


7.1 Yes. We disclose information to Authorised Recipients who may be in other countries where the laws on processing Personal Information may be less stringent than in Australia. However, we will take reasonable steps, including entering into agreements with the relevant parties, to ensure the third parties do not breach the Australian Privacy Principles in relation to your Personal Information. 


7.2 By submitting information to us, or otherwise accepting this Privacy Policy you consent to us making such cross border disclosures. These cross border disclosures will occur in the United States of America, European Union, and may also occur in other countries.


8.0 How you may contact us about information we hold


How you may access information that we hold


8.1 You can request a copy of the information we hold by contacting our Privacy Officer at privacy@smartevsolutions.com.au.


How you may seek to correct information that we hold


8.2 If you have questions or concerns regarding this Privacy Policy, you should contact us by: 

  1. email at privacy@smartevsolutions.com.au; or 
  2. by post addressed to The Privacy Officer, Smart EV Solutions Pty Ltd, PO Box 7368 Toowoomba South 4350; or 
  3. by phone on 1800 998 896,


8.3 and we will comply with our obligations to correct or destroy the relevant information, and if you request us to do so we will also notify any third parties to whom the information has been disclosed of the relevant correction or destruction of the information.


How you may make a complaint


8.4 If you have a privacy complaint, you should report it in writing by: 

  1. emailing our Privacy Officer at privacy@smartevsolutions.com.au; or
  2. by post addressed to The Privacy Officer, Smart EV Solutions Pty Ltd, PO Box 7368 Toowoomba South 4350.


8.5 We aim to:

  1. Acknowledge receipt of all complaints within 10 Business Days; and
  2. Resolve all complaints within 20 Business Days, however, this may not be possible in all circumstances.


8.6 Where we cannot resolve a complaint within 20 Business Days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.


9.0 Glossary


9.1 In this Privacy Policy, the terms in bold in the left column in the following table have the corresponding meaning unless repugnant to the context.


APP

  • Any one or more of the Australian Privacy Principles as the context requires.

Authorised Recipient

  • A person to whom we are authorized to disclose your information under the terms of this Privacy Policy. Refer to clause 6.

Business Day

  • Any day that is not a Saturday or Sunday, or a gazetted public holiday within Queensland.

Cookies

  • Refer to clause 4.

Electronic Communication

  • Any means of communicating electronically, which includes without limitation:
  1. Email;
  2. Facsimile;
  3. Any web chat service;
  4. Any social media messaging service;
  5. File sharing or document transmittal service;
  6. Any video conferencing service;
  7. Any other form of communication which is conducted using any internet connection, or other means of transmitting data, or streaming media.

End User Licence Agreement

  • Our End User Licence Agreement published on the Website from time to time. For the avoidance of doubt, if there is no document titled End User Licence Agreement then any document published on the Website which imposes terms and conditions on use of, or access to the Website, and if more than one, then each of them.

HSM

  • Hardware Security Module.

Network

  • Has the meaning provided in our End User Licence Agreement.

EV Hub App Or App

  • Any application used on a mobile computing device (such as a phone, or tablet) authorized by us to access our products and services from time to time. Reference to Website includes a reference to EV Hub App.

Smart EV Solutions Pty Ltd

  • Smart EV Solutions Pty Ltd ABN 74 650 654 916

PAN

  • A reference to Primary Account Number, which is a unique identifier for a payment card or similar payment facility.

Payment Card Identification Data

  • Data used to identify a payment card, including:
  1. PAN;
  2. Expiry Date;
  3. Service Code;
  4. Cardholder Name,
  • but excludes any Payment Card Authentication Data.

Payment Card Authentication Data

  • Data used to authenticate the validity of a payment card, including:
  1. the card security code (CSC2) or the card verification code (CVC2) or card verification value (CVV2); and
  2. any cardholder pin; and
  3. any other chip or magnetic stripe value.

Personal Information

  • Refer to clause 3.2.

Privacy Policy

  • This document, or any previous version, or future variation or replacement as the case requires.

Schedule

  • The schedule attached at the beginning of this Policy, if any.

Services

  • Any service that is, or may be, provided by Us.

User

  • A visitor to the Website.

Website

  • Our website which may be accessed at: https://ev-hub.com.au
  • Reference to Website includes a reference to EV Hub App as the case requires.
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