Privacy & Terms of Use

The content on the Platform is for information purposes only. It is not comprehensive, it is general in nature and should not solely be relied upon. You should always obtain emergency or professional services and/or advice, appropriate to your own circumstances, before acting or relying on any of our content.

Privacy Policy

We provide this privacy policy under the Privacy Act 1988 (Cth) to provide you details of what kind of information we may gather about you when you visit our Platforms. The policy also explains how we may use that information, whether we disclose it to anyone, and the choices you may have regarding our use of, and your ability to correct this information.

1. Privacy Policy
   • 1.1This Privacy Policy is governed by the Australian Privacy Principles under the Privacy Act 1988 (Cth) and where we obtain Personal Information from a data subject located in a member state of the European Union, the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (the EU GDPR).
2. Collection of Personal Information
   • 2.1We collect Personal Information when you:
     • (a)make contact via the phone, in person, email or via forms submitted on our Website / App(s) and you provide us your details;
     • (b)purchase or subscribe to our products or services;
     • (c)subscribe to our mailing list;
     • (d)enter our competitions or promotions; or
     • (e)make contact with us for employment/contractor reasons;
     • (f)download our App(s).
   • 2.2We collect Personal Information to:
     • (a)improve our products and services;
     • (b)provide our product or service to you;
     • (c)communicate with you;
     • (d)offer you promotional product or market our product that you are interested in;
     • (e)keep our customer database;
     • (f)to investigate any complaints that you make;
     • (g)to investigate whether you are in breach of our terms and conditions;
     • (h)verify your identity;
     • (i)to notify you of vacant positions if you applied for jobs at our Business;
     • (j)comply with the law or to use your information as permitted under the law; and
     • (k)use your information for purposes that are related to the above.
   • 2.3We collect and hold following types of Personal Information:
     • (a)your contact details that may include, but are not limited to, your name, business name, position title, postal address, email address, fax number and phone number; and
     • (b)optional Personal Information that you consent to provide.
   • 2.4We will only collect your Personal Information using fair and lawful means.
   • 2.5In the event of credit card dealings, we do not store credit card details as we use payment gateways and/or third party processor.
   • 2.6If we receive unsolicited Personal Information, we may destroy it or ensure that it is de-identified if it is lawful and reasonable to do so.
3. Consent
   • 3.1You understand and acknowledge that the consent you are to provide when submitting Personal Information is required in order for us to provide you with our products and/or services. Failing to provide consent may result in failure to issue you with the products and/or services.
4. Withdrawal of Consent
   • 4.1Consent may be withdrawn by contacting us in accordance with clause 12 of this policy.
   • 4.2After having received, reviewed and actioned your request, subject to clause 9, your withdrawal of consent will be noted on our system.
   • 4.3We will use our best commercial endeavours to action your request as soon as possible. However, we note that during the time between receiving your request to processing the withdrawal of your Personal Information, you will not hold us liable for the use of your Personal Data during this processing time.
   • 4.4Personal Information will be marked as ‘restricted‘ between the time of processing your request to withdraw until the actual time of the withdrawal being actioned.
5. Right to be Forgotten
   • 5.1In addition to the withdrawal of your consent, you may also contact us to erase your Personal Information.
   • 5.2You may contact us in accordance with clause 12, to have your Personal Data erased and we will use our reasonable discretion to erase same if:
     • (a)the Personal Information provided is no longer necessary in relation to the purpose of having obtained your Personal Information;
     • (b)you have withdrawn your consent for us to hold your Personal Information;
     • (c)the legal retention period for holding your Personal Information has expired;
     • (d)you object to the use of your Personal Information; or
     • (e)the processing of your Personal Information was not in accordance with the EU GDPR;
6. Anonymity and Pseudonymity
   • 6.1You may interact anonymously or by using a pseudonym with us and you may refuse to give your details.
   • 6.2You must provide your Personal Information when you:
     • (a)purchase goods that require delivery;
     • (b)register for membership;
     • (c)sign up for mailing list;
     • (d)lodge a complaint; and
     • (e)are required to provide Personal Information under the law.
7. Disclosure of Personal Information
   • 7.1We only disclose your Personal Information for purposes that are reasonably related to our Business.
   • 7.2We will not disclose your Personal Information to third parties for payment, profit or advantage.
   • 7.3We may disclose your Personal Information to third parties, from time to time, to assist us in conducting our Business, including:
     • (a)technology service providers including internet service providers or cloud service providers;
     • (b)couriers such as Australia Post;
     • (c)data processors that analyse our Website / App(s) traffic or usage for us;
     • (d)agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;
     • (e)our related bodies corporate; and
     • (f)to persons, entities or courts as required under the law.
   • 7.4We may disclose your Personal Information to third parties:
     • (a)to provide the service you wish to use;
     • (b)to improve our Business, services, products and Website/App(s);
     • (c)to customise and promote our services which may be of interest to you;
     • (d)to comply with or as permitted under the law; or
     • (e)with your consent.
   • 7.5You understand the Personal Information provided to us may be held offshore by entities that assist us to carry on the Business. By providing such information, you consent to the disclosure of such information. We will use reasonable endeavours to ensure they are subject to similar privacy legislation when handling such information.
   • 7.6We use our every and best endeavours to ensure each third party we directly contract with, in the dealings of Personal Information, are aware of their processor liability provisions under the EU GDPR and also are aware of privacy obligations in the dealings with Personal Information
8. Cookies
   • 8.1We may, from time to time, use ‘cookies‘ which are small data files placed on your machine or device to store information.
   • 8.2We use cookies in many ways including:
     • (a)authentication cookies;
     • (b)session cookies that allow you to remain logged in and keep track of your activities until the browser / App(s) shuts down; and
     • (c)persistent cookies that help us monitor our services by recording your browser activities and they do not expire upon browser shut down.
   • 8.3We use cookies for many reasons including but not limited to:
     • (a)improve the performance by reporting any errors that occur;
     • (b)provide statistics about how the Website / App(s) is used;
     • (c)remember settings that you used on our Website / App(s);
     • (d)identify that you are logged into the Website / App(s);
     • (e)link to social networks like Facebook and Twitter; and
     • (e)f. provide ads that are tailored to you.
   • 8.4Please note that although cookies do not generally store Personal Information, they may contain your IP address. However you are effectively anonymous to us as this this information cannot be linked to the Personal Information supplied.
   • 8.5By your use of the Website / App(s) you have provided your consent to the use of particular types of cookies which may deal with Personal Information. The types of cookies the Website / App(s) uses include, but are not limited to:
     • (a)Session identifier cookies which are necessary to provide you with our services. To the best of our knowledge, do not store Personal Information and cannot be used to track your behaviour across sites. They contain a session identifier which is used to maintain sessions between page loads.
     • (b)Third party Analytics cookies and/or other tracking cookies. We understand these types of cookies to be able to track your behaviour across sites.
       • (i)These analytics and tracking platforms can be used to collect information such as IP addresses, geo location and user behaviour. We recommend you visit the Google Analytics Privacy Policy for more information
   • 8.6You may disable and delete cookies in your browser if you do not want us to use cookies but doing so may detract from the correct functioning of our Website / App(s), which may result in the inability to interact with us and/or obtain our products and/or services.
9. Security
   • 9.1We use a database management system to store Personal Information received and it contains security features, such as encryption, network-based firewall and anti-virus, to ensure the protection and integrity of all data.
10. Retention of Personal Information
    • 10.1Personal Information held by us is securely retained after the collection of your Personal Information.
    • 10.2Personal Information is deleted after it is no longer required/necessary to be held.
11. Direct Marketing to You
    • 11.1We will not send you unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth).
    • 11.2We may use the non-sensitive information you gave us for the purpose of promoting and marketing our Business to you if we:
      • (a)use the information that you reasonably expected us to use for promoting and marketing our Business to you; and
      • (b)provide you a simple method to opt-out.
12. Personal Information Breach
    • 12.1In the unlikely event of a breach of privacy:
      • (a)we employ practices to notify the relevant bodies under the Privacy Act 1988 (Cth) and the EU GDPR within the required timeframes.
      • (b)we will notify you without undue delay, should it be found the breach places your rights and freedoms at a high risk.
13. Accessing and Correcting Your Personal Information

    Accessing Your Personal Information

    • 13.1You may request access to your Personal Information that we hold and we will:
      • (a)verify your identity;
      • (b)reasonably charge you to cover the cost of meeting your request, if any, but not for the request itself, should your application not be subject to the EU GDPR; and
      • (c)within a reasonable period of time, comply with your request.
    • 13.2We may refuse to allow you to access your Personal Information if we are not required to do so under the Australian Privacy Principles, therefore meaning your application is not subject to the EU GDPR.

    Correcting Your Information

    • 13.3You may request to correct your Personal Information that we hold and we will update your Personal Information so that it is up-to-date, accurate, complete, relevant and not misleading.

    How to Contact Us

    • 13.4If you would like to access or correct your Personal Information, please contact us by:
      • (a)email: ancap@ancap.com.au
      • (b)writing to:
        ANCAP
        PO Box 4041
        Manuka ACT 2603
        Australia
      • (c)phone: +61 2 6232 0232
14. Complaints
    • 14.1If you believe we breached the Australian Privacy Principles under the Privacy Act 1988 (Cth) or the EU GDPR, you may lodge a complaint as follows:
      • (a)firstly, contact us in writing to the email or postal address in clause 13.4 and include the following in your complaint:
        • (i)your contact details;
        • (ii)section or provision of the Australian Privacy Principles or Code or EU GDPR that you believe we breached; and
        • (iii)our practice or policy that you believe breaches the relevant Australian Privacy Principle or Code,
      • (b)and you must allow us a reasonable time, about 30 days, to reply to your complaint; and
      • (c)secondly, you may complain to the Office of the Australian Information Commissioner or our nominated supervisory authority should you be subject to the EU GDPR if:
        • (i)you are not satisfied with our response; or
        • (ii)we do not respond to you within a reasonable time without sufficient explanation.
15. Definitions and Interpretation
    • 15.1Unless contrary intention appears:
      • (a)App(s) means the ‘ANCAP Safety‘ and/or ‘ANCAP Rescue‘ applications and any other Business application created or deleted from time to time.
      • (b)Australian Privacy Principles means the principles under the Schedule 1 of the Privacy Act 1988 (Cth).
      • (c)Business means ANCAP Australasia Limited ACN 120 448 044;
      • (d)Sensitive Information means sensitive information as defined under Privacy Act 1988 (Cth).
      • (e)Personal Information means personal information as defined under Privacy Act 1988 (Cth).
      • (f)You (whether in capitals or not) means the user of our Website / App(s) and Your and Yours have corresponding meanings.
      • (g)We (whether in capitals or not) means ANCAP Australasia Limited ACN 120 448 044 and Us and Ours have corresponding meanings.
      • (h)Website means www.ancap.com.au
      • (i)Platforms means the Website, and the App(s).

Terms of Use

1. Acceptance of Platform Terms and Conditions & Intended Users
   • 1.1You accept the Platform Terms and Conditions in full by using the Platform including use of any function on the Platform, including without limitation ’Ask an Expert’, subscribing to our mailing list or contacting us.
2. Acceptable Use
   • 2.1We grant you a non-exclusive, non-transferable, revocable, limited licence to:
     • (a)view and use information accessible from the Platform; and;
     • (b)purchase goods or services from the Platform, if relevant.
   • 2.2You must not:
     • (a)cause damage or interfere with accessibility to the Platform;
     • (b)use it in connection with illegal, fraudulent or harmful purposes or activities;
     • (c)store, transmit or distribute Malicious Computer Program; or
     • (d)conduct any systematic or automated data collection activities.
3. Intellectual Property Rights
   • 3.1We own or are licensed to use all intellectual property in the Platform.
   • 3.2You may only view and download Content on the Platform for caching purposes and print a single copy of Content for personal use.
   • 3.3You must not:
     • (a)reproduce or exploit any Content on this Platform for commercial purpose;
     • (b)edit or otherwise modify any Content on the Platform; or
     • (c)redistribute any Content from this Platform unless we expressly permitted redistribution.
4. Posting Policy
   • 4.1Where relevant, you may upload Post on the Platform and/or submit a Post to us, subject to this clause.

   Licence

   • 4.2You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide licence to use any Intellectual Property in Post, including rights to:
     • (a)copy, reformat, edit or translate;
     • (b)publicly perform or present;
     • (c)distribute for any purpose including for commercial or advertising purpose; and
     • (d)incorporate in our Platform or any other works..
   • 4.3The Intellectual Property licence in relation to that material ends when you delete that Post but you understand that even if you delete Post, we may still keep back-ups for a reasonable period of time.

   Prohibited Posts

   • 4.4You must not upload and/or submit any Post that:
     • (a)is unlawful or promotes illegal behaviour;
     • (b)is harmful, threatening, abusive or harassing;
     • (c)incites violence or is graphical of violence;
     • (d)is pornographic or exploits people in a sexual manner;
     • (e)is defamatory or libellous;
     • (f)relates to gambling;
     • (g)relates to alcohol;
     • (h)promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
     • (i)is false, misleading or fraudulent;
     • (j)consists of Malicious Computer Program;
     • (k)impersonates any person or entity or falsely misrepresent your affiliation with a person or entity;
     • (l)violates or encourages violation of these terms and conditions;
     • (m)infringes or violates another’s rights including copyrights or intellectual property rights;
     • (n)invades another’s privacy;.
     • (o)includes photograph or image of another person or another person’ property without their consent;
     • (p)reveals anyone’s identification documents or sensitive financial information;
     • (q)is posted to disrupt the operation of the Platform and its related services; and
     • (r)advertises any company or their goods or services other than us.

   Your Warranty in Post

   • 4.5By uploading and/or submitting Posts, you warrant that:
     • (a)you have the right and authority to provide the Post in the manner it is posted;
     • (b)you own the Post and have the right to assign copyright ownership and other Intellectual Property to us; and
     • (c)the Content is not prohibited content under clause 4.4.

   Monitoring of Platform

   • 4.6We have not reviewed and cannot review all Posts and we are not responsible for liability arising out of your Post.
   • 4.7We may, at our sole discretion, pre-screen, reject or remove any Post you provide for any reason.
5. Third Party Websites and Materials
   • 5.1In this clause:
     • (a)Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website.
     • (b)Third Party Website means a website operated by a third party.
   • 5.2We do not verify, endorse or approve Third Party Material.
   • 5.3We provide no warranty or representation about Third Party Material:
     • (a)regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website; or
     • (b)as to whether they infringe any intellectual property rights.
   • 5.4We are not responsible for:
     • (a)any offers, statements or representations that are made on behalf of a Third Party Website; or
     • (b)Malicious Computer Program from Third Party Websites.
   • 5.5We may receive payments from a Third Party Website in relation to goods or services supplied by them as a result of you linking to the Third Party Website from our Website.
6. No Warranty
   • 6.1The Platform is provided ’as is’ and we do not provide any express or implied representation or warranty and disclaim all responsibility as to:
     • (a)the availability of the Platform and its associated services at the time you wish to use it;
     • (b)merchantability, fitness for a particular purpose and non-infringement;
     • (c)accuracy or validity of information and Content on the Platform; and
     • (d)whether Content is free from Malicious Computer Program.
   • 6.2No Content on the Platform constitutes advice of any kind and you should consult with an appropriate professional for professional advice.
7. Limitation of Liability
   • 7.1In this clause, a Covered Part means:
     • (a)us, our affiliates, and any officer, director, employee, sub-contractor, agent or successor; and
     • (b)each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent or successor.
   • 7.2To the maximum extent permitted by law, a covered party is not liable for liability arising out of or related to:
     • (a)YOUR RELIANCE ON THE CONTENT;
     • (b)YOUR INTERPRETATION OF THE CONTENT;
     • (c)CONTENT PROVIDED TO YOU FREE-OF-CHARGE;
     • (d)INACCURACY, ERRORS OR OMISSIONS WITH CONTENT;
     • (e)UNAVAILABILITY OR INTERRUPTION OF USAGE OF THE PLATFORM AND ITS SERVICES;
     • (f)ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE REASONABLE CONTROL OF A COVERED PARTY; AND
     • (g)LOSS OF DATA.
   • 7.3To the fullest extent permitted under the law, a covered party is not responsible for any indirect, special or consequential liability to a user (including legal fees) arising out of or from content or use of the platform.
   • 7.4Exclusion of liability in clause 7.2 applies even if you expressly advise a covered party of the potential loss.
   • 7.5To the extent we cannot exclude liability and to the fullest extent permitted under the law, a covered party’s aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
     • (a)IN CASE OF GOODS WHICH WE HAVE DIRECTLY PROVIDED TO YOU, ANY ONE OR MORE OF THE FOLLOWING:
       • (i)replacement of the goods or supply of equivalent goods;
       • (ii)repair of the goods;
       • (iii)payment of costs of replacing the goods or acquiring equivalent goods; or
       • (iv)payment of costs of repairing goods; and
     • (b)IN CASE OF SERVICES WHICH WE HAVE DIRECTLY PROVIDED TO YOU:
       • (i)supply of the services again; or
       • (ii)payment of the cost of supplying the services again.
     • (c)IN CASE OF ANY OTHER DAMAGES, $100.00.
   • 7.6By your use of the Platform, you warrant and understand that:
     • (a)ANCAP is an independent entity and is not affiliated with any vehicle manufacturing brand;
     • (b)any information provided on the Platform is for information purposes only;
     • (c)the Platform does not recommend or endorse any vehicle make or model;
     • (d)ANCAP make no representation on the performance and/or safety of any vehicle referred to on a Platform;
     • (e)ANCAP do not seek to, nor should you as the users of the Platform attempt to compare ANCAP safety ratings across vehicle categories.
   • 7.7Nothing in this agreement will exclude or limit our liability in respect of any:
     • (a)death or personal injury directly caused by our negligence;
     • (b)fraud or fraudulent misrepresentation directly on the part of us; or
     • (c)matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
8. Indemnity
   • 8.1You agree to indemnify us and undertake to keep us indemnified against any Liability (including legal fees) arising out of:
     • (a)your reliance on the Content;
     • (b)your interpretation of the Content; and
     • (c)your breach of these terms and conditions; and
     • (d)any Claim that you have breached these terms and conditions.
9. Breach of Terms and Conditions
   • 9.1If you breach any of these terms and conditions we may take appropriate actions including but not limited to:
     • (a)issuing a warning notice;
     • (b)suspending your access to the Platform;
     • (c)prohibiting your access to the Platform; or
     • (d)bringing court proceedings against you.
10. Termination
    • 10.1Platform Terms and Conditions terminate automatically if we cease to operate the Platform.
11. Jurisdiction
    • 11.1This Platform is directed at individuals or entities that reside in Australia and/or New Zealand only.
    • 11.2We make no representation that Content are appropriate or available for use in other locations and jurisdictions.
    • 11.3This Agreement is governed by the laws of the Australian Capital Territory.
    • 11.4The Parties submit to the exclusive jurisdiction of the courts of the Jurisdiction.
    • 11.4No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
12. Amendment
    • 12.1We may make changes to the Platform at any time without notice.
13. Definitions
    • 13.1The following words have these meanings unless the contrary intention appears:
      • (a)Agreement means the Platform Terms and Conditions as amended from time to time.
      • (b)Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
      • (c)Business means ANCAP, ANCAP Safety and/or ANCAP Australasia Limited.
      • (d)Claim means any claim, suit, action, demand, or right.
      • (e)Content means any material on the Platform as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
      • (f)Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.
      • (g)Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
      • (h)Party means a party to this terms and conditions.
      • (i)Parties mean all parties to this terms and conditions.
      • (j)Platform means the Website, Facebook, Twitter, YouTube, Instagram and any other social media platform the Business engages in from time to time.
      • (k)Platform Terms and Conditions means the terms and conditions set out in this document.
      • (l)Post includes comments, messages, queries, images, photos, writings or any other material that you upload on our Platform or submit to us.
      • (m)Website means www.ancap.com.au
      • (n)We, Us or Ourselves refers to ANCAP Australasia Limited ACN 120 448 044.
      • (o)You, Your or Yours refers to a user of the Platform.

Disclaimer

1. Information provided on any ANCAP Australasia Limited website and/or application (Platforms) is for information purposes only.
2. ANCAP endeavours to regularly update the Platforms and therefore does not warrant the currency of the information contained on the Platforms.
3. ANCAP will not be responsible for any claims, damages, costs or losses following reliance placed on any information contained on the Platforms
4. ANCAP does not seek to, nor should users of the Platforms compare ANCAP safety ratings across vehicle categories.