Privacy Policy

RoadHawk Pty Ltd (ACN 687 518 181) (collectively “RoadHawk”, “we”, “our” or “us”)

Introduction

RoadHawk takes its privacy obligations seriously in respect of personal information that is collected in respect of customers, prospective employees, and all parties (each an “individual”) connected with RoadHawk. This Privacy Policy has been created so individuals can understand how their personal information is collected, managed and used in RoadHawk’s business. It is important that RoadHawk is open and transparent about the personal information collected and how that personal information is stored, used and disclosed. RoadHawk handles personal information in an open and transparent manner consistent with the objectives of the Australian Privacy Principles and each other Applicable Law, recognises the importance and is committed to protecting the privacy of individuals through protection of personal information it holds. By accessing or using the RoadHawk mobile app (“App”), requesting we provide you with, or accepting, any service provided by us or our Associated Entities, or making disclosure to us of your personal information, you agree to the collection, use, handling and disclosure of your personal information in the manner set out in this Privacy Policy and otherwise as permitted by Applicable Law. We recommend that you carefully read this Privacy Policy before using or continuing to use our App, requesting or accepting the provision of our services, or making disclosure of any personal information to us.

What is Personal Information and Sensitive Information

Personal information

Personal information includes any information or opinion about an identified individual, or where their identity can reasonably be ascertained from the information or opinion, whether the information or opinion is true or not, and whether the information or opinion is recorded in material form or not. Personal information collected, held, disclosed or used by us may include:

• your name, date of birth, driver’s licence details;
• address, contact details, email address;
• financial information;
• photographs;
• the services which are to be provided by us to you;
• data which is generated or obtained as a result of your use of the App and without limitation to the foregoing includes data submitted on signup, logged events, comments and traffic update submissions (“Monitoring Data”);
• other sensitive information which is reasonably required in order for us and our Associated Entities to lawfully provide services to you; and
• records of transactions and communications between you, us, our Associated Entities, Regulatory Authorities and/or other third parties in connection with our supply of services to you.

Sensitive information

Sensitive information is a special category of personal information and includes any information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious belief or affiliations, sexual preferences or practices, criminal record or health information.

Collection

We will collect personal information from you in the following ways:

• directly from you, unless it is not reasonable or practical to do so;
• from your interactions with the App;
• from third parties including our Associated Entities, Regulatory Authorities and your representatives; and
• by any lawful and fair means.

Collecting information from you

RoadHawk collects personal information where required or permitted under Applicable Law. How RoadHawk collects your personal information will largely depend on the information it is collecting. If it is reasonable and practicable to do so, RoadHawk will collect personal information directly from you. Depending on how you choose to interact with RoadHawk, RoadHawk may collect your personal information when you:

• interact with RoadHawk or its representatives by telephone, by email, through our App, during in-person communication or when you complete a form or document and provide it to RoadHawk;
• utilise the App or any other devices made available to you by RoadHawk in connection with our services including any monitoring device; and
• when you transact with RoadHawk in any other manner.

Collecting information from third parties

In some instances, it may not be reasonable or practical to collect personal information directly from you, where RoadHawk may need to collect your information from relatives or an applicable Regulatory Authority. RoadHawk may also collect personal information from other third parties relating to your credit worthiness, solvency and/or bankruptcy status where you give your express consent or RoadHawk is otherwise permitted to do so under Applicable Law.

Collecting information by lawful and fair means

RoadHawk must only collect personal information by lawful and fair means. For the purposes of this Privacy Policy:

• lawful collection is a collection that does not breach any Applicable Law; and
• fair means is collection without intimidation or deception, and in a way that is not unreasonably intrusive.

Notification of collection

RoadHawk will take reasonable steps to notify you of certain matters (“Collection Notice”), generally before or at the time of collection of personal information, to ensure you are aware of:

• the fact personal information is being collected about you;
• the purpose for RoadHawk collecting the personal information;
• the consequences (if any) of you not consenting to the collection of your relevant personal information, or such personal information not being accurate and up to date; and
• how you can gain access to the personal information which we have collected and hold in relation to you.

If it is not practicable to provide you with a Collection Notice before or at the time of collecting your personal information, then a Collection Notice shall be given to you as soon as practicable afterwards.

Unsolicited information

If RoadHawk receives personal information that it has not requested, or it determines that the personal information received is not reasonably necessary to provide its services, RoadHawk will, if required by Applicable Law, take reasonable steps to de-identify or destroy any record of that personal information.

Use, Retention, and Disposal

RoadHawk will only collect, hold, use or disclose personal information:

• for the primary purpose of providing and improving our services to you, including in accordance with any requirements, or performing any function, arising under the use of the App;
• for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure;
• if Applicable Law requires or authorises RoadHawk to do so, including without limitation, in relation to any mandatory reporting or notification requirements; or
• for the purpose of research being undertaken to facilitate improvement in the services under the App.

All personal information which we collect from you is retained by RoadHawk throughout the period in which we provide services to you (“Service Period”). After the expiry of the applicable Service Period, all documents containing personal information which are:

• physical documents are retained by RoadHawk for a period of not less than seven (7) years and we will only destroy or dispose of those documents after the expiration of that period, with the permission of the relevant Regulatory Authority; and
• digital or electronic in nature are retained indefinitely.

Storage and Data Security

RoadHawk will take reasonable steps to securely store and protect the personal information collected by us from misuse, loss, theft as well as against unauthorised access, modification or disclosure, alteration and destruction. Electronic data which includes personal information and is held by RoadHawk is protected by secure methods utilising proprietary software (“Electronic Data”). Electronic Data is stored on computer servers located in Victoria and New South Wales, Australia. In addition, Electronic Data is protected by commercially prudent means including password access, firewalls and other protection measures such as:

• administrative processes; and
• technical safeguards.

Disclosure of Personal Information

Access to your personal information which is collected and held by RoadHawk is only accessible to personnel of RoadHawk’s representatives and other personnel who reasonably require such access in connection with performance of their duties and in connection with provision of our services or other lawful obligations contemplated under this Privacy Policy or Applicable Law. RoadHawk may make disclosure of your personal information to:

• a Regulatory Authority or as otherwise required or permitted under Applicable Law; and
• to courts and other relevant law enforcement bodies or as otherwise required or permitted under Applicable Law.

RoadHawk may also make disclosure of your personal information to third parties where the disclosure is:

• to a third party collection agency for the purposes of recovering a debt you owe us;
• to a third party service provider in connection with the provision of services and conduct of our business, which may include service providers engaged in data hosting, application development, marketing, sales support and customer support; or
• made to a third party with your express consent, and that disclosure is permitted under Applicable Law.

If RoadHawk does make disclosure of your personal information to a third party as contemplated above, it will do so only on the basis that the relevant third party:

• is obligated to implement and maintain sufficient security measures to securely store and protect the personal information disclosed to it from misuse, loss, theft as well as against unauthorised access, modification or disclosure, alteration and destruction;
• is prohibited from using your personal information for any purpose other than which we are authorised to use your personal information and in any event is necessary to perform the function or provide the service the third party is required to perform or provide (as the case may be); and
• has agreed to comply with the requirements of this Privacy Policy as may be applicable in the relevant circumstances.

Trans Border Data Flows

Unless RoadHawk is prohibited pursuant to Applicable Law or contractual terms which are binding upon it, RoadHawk may disclose your personal information to our Associated Entities, third party service providers or other third parties located outside of Australia where:

• we reasonably believe that the recipient of the personal information is subject to a law, binding scheme or contract which effectively upholds the principles for fair handling of the personal information that are substantially equivalent to or better than the Australian Privacy Principles;
• it is reasonably necessary for the performance of an obligation or the exercise of a right arising under a contractual arrangement between us, or any pre-contractual steps taken in response to an interaction between you and RoadHawk; or
• the transfer is for your benefit, it is impracticable to obtain your express consent prior to the transfer occurring and if it were practicable, you would likely give such consent,

and we have taken reasonable steps to ensure the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.

Access to Your Personal Information and Accuracy

RoadHawk shall take all reasonable steps to make sure that the personal information that it collects, holds, uses, and discloses is accurate, complete, and up to date. You have a right to access personal information held by us about you and to correct any information about you that is not correct at that time. In the case where RoadHawk holds information about an individual, the individual may request access to this information by contacting our Support Centre using the details set out in the Contact Details section of this Privacy Policy. However, RoadHawk and its representatives may exercise the right to refuse or restrict access to personal information, under Applicable Law, including in the circumstances:

• where providing access would pose a serious threat to the life or health of any individual;
• where providing access would have an unreasonable impact on the privacy of other individuals;
• the request for access is frivolous or vexatious;
• where information relates to anticipated or current legal proceedings and such information would not be accessible through the process of discovery in those proceedings;
• providing access would be unlawful;
• denying access is required or permitted by Applicable Law; or
• where providing access would be likely to prejudice an investigation by a Regulatory Authority or law enforcement agencies.

If access to this personal information is denied, RoadHawk will notify the individual of the reason for this restricted access. If information is held about an individual that they believe is inaccurate, incorrect or incomplete, RoadHawk will take reasonable steps to correct the information as required under Applicable Law, and to the extent that RoadHawk refuses to correct such information, we will provide reasons for this refusal.

Anonymity

Wherever it is lawful and practical, individuals have the option of not identifying themselves through provision of personal information when interacting with RoadHawk. However, it is generally required that an individual makes disclosure of their personal information to enable us to provide our services to them.

Employees and Subcontractors

RoadHawk will hold and retain any information provided by potential employees and subcontractors, including personal information outlined in CVs, cover letters and other documents. RoadHawk will not intentionally collect or store sensitive information regarding potential employees and subcontractors. RoadHawk holds personal information of its employees and subcontractors where required for the operation of the business and when required by law. RoadHawk may collect, hold, use and disclose employee’s and subcontractors’ personal information for all purposes connected with its employment relationship. This employment relationship includes hiring, training, administration of personnel records (including remuneration and leave records) and managing performance. Personal information collected and held in relation to employees and subcontractors includes, but is not limited to their:

• name;
• date of birth;
• pay and tax information;
• leave information;
• criminal record checks;
• bank and superannuation information;
• third party reference checks;
• sensitive information obtained in connection with employee drug and alcohol tests as specified in our workplace policies from time to time; and
• all information provided in cover letters and CVs provided to RoadHawk at the time of employment or otherwise provided during the recruitment process.

Internet

Our App

The RoadHawk App can be found on the Apple App Store and the Google Play Store. Visits to the App may be logged and collect information (“Web Data”), including but not limited to:

• any information or other content that you upload or post;
• the type of operating system you are using;
• domain name you are accessing;
• the address of any linked website which referred you access the relevant website;
• your server’s IP address;
• the date and time of the visit; and
• internal traffic in different areas of the App, including files downloaded.

Social Media

RoadHawk makes use of social media and online connection tools. This includes, but is not limited to: Facebook, X, Instagram, Google Plus, YouTube, and LinkedIn. When contacting RoadHawk via these services, it is important to review and acknowledge the privacy policies of the respective websites, applications and platforms. Additionally, a Facebook plugin may be used by the App. Facebook functions are offered by Meta Platforms., 1 Metra Way, Menlo Park, California, 94025, USA. By using these functions, an individual can share a contribution on Facebook and follow RoadHawk on Facebook, if they have their own Facebook account. This involves transmitting data to Facebook pursuant to its terms and conditions of use. As a provider of an App that host these functions, RoadHawk have no knowledge of the content of the data transferred to and used by Facebook. Individuals should visit https://www.facebook.com/privacy/policy/ for further information about Meta data protection and privacy declaration. Privacy preferences can be changed at Facebook in account settings and privacy. Occasionally, RoadHawk will link to third party websites. Although RoadHawk make all reasonable efforts to ensure safety and accuracy, we do not accept any responsibility or liability for these third-party websites and you use these links at your own risk.

Privacy Breach and Notification

Complaints

If you have a complaint related to how RoadHawk has managed your personal information, please contact RoadHawk using the contact information set out in the Contact Details section below. RoadHawk may ask you to place details of your complaint in writing in order for it to fully understand and investigate the issues you have raised. All such complaints will be handled with the appropriate discretion. If a complaint remains unresolved, you may access an external dispute resolution service or apply to the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au to have the complaint heard and determined. Further information on the Privacy Act and the Australian Privacy Principles can be found at www.privacy.gov.au.

Mandatory Breach Notices

Where required by Applicable Law, RoadHawk will immediately notify the applicable Regulatory Authority if we become aware of any:

• breach or possible breach of Applicable Law, by any of our Associated Entities, employees or other representatives; or
• complaint concerning the collection, use, handling of disclosure of any personal information,

(“Mandatory Breach Notification”). Any Mandatory Breach Notification will include the particulars of the breach and/or complaint (as the case may require) and the proposed response, including any investigation, timeframe, and the steps that will be taken to remedy any breach and prevent further breaches of the same or similar nature from occurring.

Contact Details

RoadHawk Pty Ltd 84 Golf Course Road Horsham, VIC 3400 Email: support@roadhawk.com.au

Changes to Our Privacy Policy

This Privacy Policy is subject to change at any time. If RoadHawk changes this Privacy Policy, an updated version will be posted on our App to notify you of this change. By continuing to access our App or our services you will be deemed to have irrevocably accepted any changes to this Privacy Policy.

Interpretation and Defined Terms

In this Privacy Policy, unless the context otherwise requires:

• a term defined by Applicable Law has the same meaning when used in this Privacy Policy;
• a reference to RoadHawk, we, our or us includes our Associated Entities; and
• the following words have the corresponding meaning:

Applicable Law means the Privacy Act, an approved privacy code (as defined in the Privacy Act) and any other State Law, statute, regulation or law in Australia relating to the protection of personally identifiable information, including health information, personal information and sensitive information that we must comply with. Associated Entity means, collectively, our Related Bodies Corporate, authorised service agents and appointed contractors. collect or collection includes, but is not limited to:

• recording what a person says, or recording an opinion about what a person has said;
• requiring a person to complete a form requesting details such as name, address, date of birth and personal information; and
• keeping emails or other correspondence containing personal information about a person.

Privacy Act means the Privacy Act 1988 (Cth). Regulatory Authority means a government or governmental, administrative, department, commission, authority, agency or entity whether state or territorial, in Australia which is responsible for the implementation, management or supervision of road services, including but not limited to:

• Transport for NSW (ABN 18 804 239 602) (Trading as Roads and Maritime Services);
• Roads Corporation (ABN 61 760 960 480) (Trading as VicRoads);
• Department of Transport and Main Roads (ABN 39 407 690 291) (Trading as TMR);
• Department of Infrastructure and Transport (ABN 92 366 288 135) (Trading as Department of Planning, Transport and Infrastructure);
• Department of Transport and Major Infrastructure (ABN 27 285 643 255) (Trading as Department of Transport);
• Northern Territory of Australia (ABN 84 085 734 992) (Trading as Department of Planning, Infrastructure and Logistics); and
• Access Canberra Territorial (ABN 16 479 763 216) (Trading as Access Canberra);

Related Bodies Corporate has the meaning given by the Corporations Act 2001 (Cth). State Law means each statute applicable in a State or Territory of Australia relating to the protection of personally identifiable information, including health information, personal information and sensitive information that RoadHawk must comply with, to the extent applicable includes the:

• Privacy and Personal Information Protection Act 1998 (NSW);
• Privacy and Data Protection Act 2014 (VIC);
• Information Privacy Act 2009 (QLD);
• Information Privacy Act 2014 (ACT);
• Information Act 2002 (NT); and
• Personal Information Protection Act 2004 (TAS).

Further Information

Further information relating to privacy can be found at the Australian Federal Privacy Commissioner’s website: www.privacy.gov.au and through further resources provided by each Regulatory Authority.