In the course of its operations, Autosense Limited and its wholly-owned subsidiaries (Autosense or we) collects and uses a range of data from different sources, including end users of its products and services.
We have two policies describing how we will collect, use, disclose and protect this data to comply with relevant laws dealing with privacy and data protection:
This Policy, which covers data relating to end users of our products and services, such as our Guardian fatigue and distraction solution. (This includes drivers, subjects of research projects, volunteers contractors Autosense personnel who test products, online modules, self assessments and other simulators.)
We also have separate internal policies and procedures covering how we deal with the collection, use and disclosure of Personal Data of Autosenses' staff.
This Policy applies to all the operations of Autosense, globally. It does not cover affiliates which are not wholly-owned but includes Seeing Machines Limited incorporated in Australia. This Policy covers the collection of data from Autosenses’ staff in their capacity as users or testers of our Products or Services, but does not cover other Personal Data provided in their capacity as employees (such as financial or health information).
Our products and services are not directed to children under the age of 16 and we ask that they not give us their Personal Data.
3. Personal Data/Information
In this Policy, the term Personal Data means: Information or an opinion about an identified individual, or an individual who is reasonably
identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not. (within the definition of “Personal Information” in the Privacy Act 1993).
Personal Data could include someone's name, home and business mailing addresses, telephone number, e-mail address, payment card, direct debit or other billing information, social media account identification, shareholder identification numbers, driver's license number, tax identification number, government-issued identification number, audio or video recordings, or date of birth.
4. How we may collect and use Personal Data
4.1 Collecting and Holding Personal Data
As relevant to this Policy, we may collect Personal Data in a number of ways, including:
Through the use of our Products
Autosense uses and stores image-processing technology that tracks the movement of a person's eye, face, head and facial expressions. We incorporate this technology into products and services for a range of industries (Products), including our Guardian driver fatigue, distraction and accident prevention product. Our Products capture and generate data about driver and operator performance (including fatigue and distraction events and driving performance) and transmit this data to our operations centre. This data may include Personal Data.
Through providing services to our customers
We may also collect Personal Data from our customers (for instance, a company operating a to our customers transport fleet may give us Personal Data about the drivers of their vehicles). We may also do this as part of providing services to our customers.
We control access to Personal Data, including taking steps to restrict access to individuals within Autosense or Seeing Machines who need such information to perform their jobs and are bound by confidentiality obligations.
4.2 Using and Disclosing (Sharing) Personal Data
4.2.1 Using Personal Data
We collect, hold, use and disclose Personal Data for a range of reasons, including, as relevant to this Policy:
To provide Products and related services to our customers, including: helping our customers install, configure, test, use, operate and derive benefits from our Products; providing services to detect, diagnose and prevent fatigue, distraction and other dangerous driving events; providing reports to our customers; providing data to our customers on specific events (which may include audio and/or video recordings of drivers or operators).
To send administrative information to you, for example, information regarding the Products, Services and changes to our terms, conditions, and policies.
For our business purposes, such as: data analysis; audits; fraud monitoring and prevention; developing new products and services; enhancing, improving, or modifying our products and services; training our staff and those of our business partners; identifying data trends; training/coaching and operating and expanding our business activities.
4.2.2 Sharing Personal Data
Personal Data we collect may be disclosed to third parties when necessary to perform the activities as listed above or other services on our or on your behalf, including the following:
To our customers, as part of their use of our Products and related services.
Autosense and Seeing Machines affiliates or related companies, for the purposes described in this Policy.
Third party business partners for the purposes described in this Policy, such as partners providing installation or after-sales service to our customers.
To a third party in connection with any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
We may transfer and disclose information, including Personal Data, to third parties to comply with a legal obligation (including subpoenas); when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our policies and procedures; to respond to an emergency; to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or to protect the rights, property, safety, or security of the Products, our websites and other digital services, Autosense, third parties, or the public, as determined by us in our sole discretion.
We do not share your Personal Data with unaffiliated third parties for their marketing purposes.
4.2.3 Sharing Anonymised Data
Data collected from or about you may be used in an aggregate and anonymised form, i.e. in a form that doesn't reasonably allow anyone to identify you. Along with using this data in aggregate form ourselves, we may share this anonymised data with business partners or otherwise use, disclose or commercially exploit it.
4.3 Retention Period
4.4 Cross Border Transfers
We and Seeing Machines primarily process Personal Data in New Zealand, Australia and the United States, however the Autosense group operates globally, and your Personal Data may be collected in-any country where we have Products deployed (or where you give us the data from) and may be stored and processed in any country where we have facilities or in which we engage service providers.
4.5 Security Measures and Limitation of Liability
We seek to use reasonable organisational, technical, and administrative measures to protect Personal Data from misuse, interference or unauthorised access or disclosure.
Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. By providing us with any Personal Data you expressly and unconditionally release and hold harmless Autosense, Seeing Machines Limited and its subsidiaries, affiliates, directors, officers, contractors, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Data. In addition, while we take efforts to ensure the proper and appropriate use of data provided by us to third party companies, promotional partners or vendors, we are not liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Data by us or the above-mentioned third parties.
This section operates to the fullest extent allowed by law. If this section is wholly or partly unenforceable under applicable laws, the offending section will be severed from this Policy and the remaining sections not affected.
If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with address details in Clause 5 following.
4.6 Accessing your Personal Data
We will take such steps (if any) as are reasonable in the circumstances to ensure that the Personal Data that we collect is accurate, up-to-date and complete; and that Personal Data that we use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.
If you ask us for access to your Personal Data that we hold, we will respond to your request within a reasonable time. We will give you access if it is reasonable and practicable to do so, unless one of the exceptions in the New Zealand or Australian Privacy Act applies for similar laws in the country where you are located or where the data is held).
5. How to contact us
To contact us with a question, comment or complaint, or to request access to or correction of your Personal Data, please contact us: firstname.lastname@example.org
Please note that email communications are not always secure, so please consider carefully before you include credit card details, personal health information or other sensitive information in your emails to us.
6. Updates to this Policy
Last Updated: April May 2017
Autosense Limited – Company No. 32222967