Vital Software Privacy Policy

Vital Software Pty Ltd (ACN 100 272 517) Australia and Vital Software Ltd (CN: 05791441) United Kingdom, (“we”, “us” or “Vital Software”) is a wholly owned subsidiary of Marque Group Holdings Pty Ltd (ACN 618 512 217) (“Marque Group”).

About this Policy
This policy sets out how Vital Software collects, uses and discloses your personal information. If you disclose personal information to third parties this policy will not apply, and you will be subject to the privacy policy of that third party. By accessing or using Vital Software’s services, you agree to the use and disclosure of your personal information in the manner described in this policy.

Vital Software and Privacy
Vital Software is bound by the then current privacy laws applicable in the jurisdiction in which it conducts business. Vital Software uses commercially reasonable efforts to comply with the key principles in each of these jurisdictions in relation to the collection and treatment of personal information.

The Australian Privacy Principles
In Australia, we will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.

Personal information collected by Vital Software may include:
Vital Software collects personal information that it considers necessary to provide the range of services we offer. Personal information may be collected both directly by Vital Software, and indirectly by Vital Software’s Clients utilising Vital Software provided software and systems.

For the purposes of this privacy statement “customers” are classified into three general groups;

“Vital Software Clients” – Vital Software Clients are companies or individuals that pay or will intend to pay Vital Software for use of our products and services. This may include current and potential customers. Vital Software Clients may include;
• Car dealerships
• OEM/Vehicle Importers/Brands/National Distributors
• Other companies operating in the automotive market

“Other 3rd Party Vendors” – In some cases Vital Software will be required to work cooperatively with other vendors or 3rd party suppliers in the process of servicing Vital Software Clients. Vital Software will never share data with Other 3rd Party Vendors without express written consent provided by each Vital Software Client. Examples of Other 3rd Party Vendors include;
• DMS/VMS Providers (i.e Titan DMS, Pentana, etc)
• CRM Systems
• Specialised data integrators
• Other lead management tools
• Other 3rd Party vendors (i.e Finance companies)
• AUS Government Agencies

 “Client Customers” – We work with Vital Software Clients who use our applications to manage their own customer base. These customers are referred to as Client Customers and include retail customers who purchase goods from car dealerships. While Vital Software has no direct interaction with Client Customers, Vital Software Clients utilise Vital Software tools to interact with their own customers.

The information captured by Vital Software differs by the type of customer.

Vital Software Clients 
• Company and User name, address and contact details
• Company/User bank account and credit account details
• User ID’s and passwords
• Records of the services provided to you
• Records of communications with Vital Software
• Copies of Client Customer databases
• Copies of Client Customer interaction and transaction history (i.e Test Drives, Leads, Sales, email communications, vehicle, parts and service sale transactions)

Other 3rd Party Vendors 
The information sent and received to/from Other 3rd Party Vendors differs in each scenario. No integration with 3rd parties is entered into without the express written consent of the authorised contact within the Vital Software Client. Information captured may include:
• Client Customer information including names, licence details, contact details, history etc
• Client Customer lead information including enquiries, test drive details, appraisal details, write up details and email communications
• Vital Software Client macro reporting information where appropriate i.e response times, efficiency

Client Customers
Personal information for the Client Customers may be captured by Vital Software through use of its products and services, or via web forms. Client Customer information captured may include;
• Client Customer information including names, licence details, contact details, history etc
• Purchase history, preferences and behaviour
• Records of Appraisal information

Vital Software will not directly capture customer information to market or sell to Client Customers.

How is personal information collected 
Information is collected via various means depending on the type of customer.

Primarily, data and information is extracted by the Vital Software’s Client DMS or other 3rd Party Vendor who is authorised by the Vital Software Client to perform the service required for Vital Software to receive the data required to provide the range of services offered.

The extraction and provision of such data requires preapproval by the Vital Software Client as part of an authorisation process.

Less typically, we will collect data when you communicate with us by any means and that information is necessary for us to conduct our business which is to essentially provide data-driven solutions for the automotive industry. For example, when you register for information or make a purchase or request a quote for work.

Vital Software Clients 
Vital Software Client information is collected via one of the following means
• Sales prospecting via internet research
• Referrals from other customers or contacts
• Submitted enquiries and/or phone calls directly to Vital Software
• Web forms on http://www.VitalSoftware.com.au
• Referrals supplied by brands/national distributors

Other 3rd Party Vendors 
Where agreed information may be shared between Other 3rd Party Vendors and Vital Software with the permission of the Vital Software Client. This information can be shared in a variety of methods;
• Captured via www.vitalsoftware.com.au or www.vitalsoftware.net
• Emails
• Spreadsheets or other digital lists
• XML, CSV or TXT via secure FTP
• Via Vital Software provided web service or API
• Via API or Web Service provided by Other 3rd Party Vendors

Client Customers
All personal information about Client Customers is collected directly by Vital Software using its applications and tools. This information is collected on behalf of Vital Software Clients and remains the property of Vital Software Clients. All personal information collected for the sole purpose of allowing Vital Software Clients to manage their customer interactions, activities, marketing and reporting through the use of Vital Software products and services. Vital Software Clients collect personal information from their customers in a number of ways, including:
• When entered directly into websites or Vehicle Display Pages provided or managed by Vital Software.
• When entered manually by Vital Software Clients salespeople into Vital Software desktop, tablet and smartphone Lead Management apps when dealing with customers in person, by phone or in writing.
• Indirectly via Other 3rd Party Vendors such as DMS providers

Vital Software collects, holds and uses personal information for limited purposes.

Personal information may be used for the following purposes:

• To provide the services requested by Vital Software Clients including providing lead management, email communication and marketing services.
• To enable and manage the provision of services offered by Vital Software Clients to their Client Customers (i.e billing and customer service in relation to selling and servicing cars).
• Vital Software will aggregate the non-personally identifiable data of Client Customers from different sources in order to;

• Assist Vital Software to better understand how Vital Software Clients and Client Customers utilise Vital Software services.

• To provide Vital Software Clients with further information regarding the uses and benefits of using Vital Software services.

• Enhance accuracy, efficiency and transparency for Vital Software Clients by creating useful business insights from aggregated data and enabling effective benchmarking.

• To otherwise improve the provision of Vital Software services, software and applications.

Vital Software holds your personal information in a secure data centre

Personal information is stored in a secure data centre which is hosted in Australia. Vital Software is committed to protecting the security of Vital Software Client and Customer Client information and take all reasonable precautions to protect it from unauthorised access, modification or disclosure.   Vital Software maintain physically separate databases for each Vital Software Client. This process is designed to prevent data from being merged or cross contaminated with other data sources.

How is personal information disclosed
Vital Software will not disclose personal information to individuals and organisations other than;
• Vital Software employees in the course of fulfilling job requirements.
• Vital Software’s related entities forming the Marque Group.
• To Other 3rd Party Vendors only when given express written consent of an authorised contact nominated by the Vital Software Client.
• In cases where Vital Software has a contract with parent brands, data may be distributed to head office as set down in the individual service agreement between the franchisee and head office.
• The personal information of individuals which has been collated will not be disclosed by Vital Software to any non-authorised company or individual without the express consent of the persons whose information is affected.

What if you don’t provide personal information?
If you choose not to provide personal information when requested, Vital Software Clients may not be able to provide you with the full range of services.It is the responsibility of the Vital Software Client to manage further communication with the Client Customer. If Client Customers do not wish to receive communications from the Vital Software Client (Dealership or Agent) they must notify the dealership or agent directly. Vital Software’s products include functionality to make it easy for customers to notify dealerships including;
• The ability to opt out from receiving further communication at the point of enquiry.
• The ability to opt out from receiving further communication after being sent email marketing communication through Vital Software’s applications.

Vital Software & Email Communication Policy

• Existing Vital Software Client communication from Vital Software 
It is the policy of Vital Software to communicate with our Vital Software Clients via email. These emails will only be sent to Vital Software Clients and are a key part of Vital Software’s delivery of service. Vital Software uses email communication as a key method of delivering important product and release information about its products and services and we do not recommend they are opted out of. Vital Software respects your time and endeavours to keep communication to relevant information only. If you are not a Vital Software Client and believe you have been added to this list in error, please email support@VitalSoftware.com.au with the subject line ‘Unsubscribe Vital Software’.

• Vital Software Sales Activity 
As part of Vital Software’s sales activity we may send email marketing communication to non-customers regarding our products and services. Vital Software will endeavour to ensure that we communicate only relevant information and provide recipients with the option to opt out if they do not wish to receive further communication.

• Vital Software Clients and Client Customer communications using Vital Software tools 
As requested and arranged with Vital Software Clients, Vital Software may send marketing communications on their behalf to a nominated or supplied customer database. This communication will only be sent at the express request of the Vital Software Client. Vital Software also make email marketing tools available for our customers to send email directly. Such emails may also be configured to be sent automatically from Vital Software’s applications. It is at the discretion of Vital Software Clients how, where and why they use our email tools to communicate with their database. We recommend that all communication sent by Vital Software Customers is ethical and meets the requirements of their individual Privacy Statements.

What if I have a problem?
If you have a problem, complaint, want to change your personal information or just wish to enquire about privacy please contact us.

Post:   Attn: Privacy Officer
Vital Software Australia
1/159 Dorcas Street
South Melbourne, VIC 3205

Email: support@vitalsoftware.com.au

OR

Post:   Attn: Privacy Officer
Vital Software United Kingdom
2nd Floor, Building A3
Glory Park, Glory Park Avenue
Wooburn Green, High Wycombe, HP10 0DF. United Kingdom

Email: support@vitalsoftware.co.uk
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How this policy changes
This policy may change over time. All changes will be published on this website.

The Company welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally.  We intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.

GDPR rights
The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:
• you are entitled to request details of the information that we hold about you and how we process it.  Please note that we reserve the right to charge a fee to cover costs incurred by us in providing you with the information;
• you may also have a right to:
– have that information rectified or deleted;
– restrict our processing of that information;
– stop unauthorised transfers of your personal information to a third party;
– in some circumstances, have that information transferred to another organisation; and
– lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
• where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.  However, please be aware that:
• such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other customers/clients subject to appropriate confidentiality protections; and
• even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
– to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
– in exercising and defending our legal rights and meeting our legal and regulatory obligations.

Storage and processing by third parties
Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools.  We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our customers/clients use our services, develop our services and grow our business) and which does not materially impact your rights, freedom or interests.

The Company requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.

Duration of retention of your data

We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements.  At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning).  In some circumstances, you can ask us to delete your data.

Keeping your information up-to-date
To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting our data protection officer at support@vitalsoftware.com.au or by post.