Mahindra Automotive Australia Pty Ltd (MAAPL) ACN 133 379 218 (we, us, our) is a 100% fully owned subsidiary of Mahindra & Mahindra Limited and a Marketer & Distributor of Automotive Vehicles and Tractors and is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act). We understand the importance of, and are committed to, protecting your personal information (that is, information or an opinion about you, whether true or not, which identifies you or from which your identity is reasonably identifiable).

This Privacy Policy explains how we manage your personal information, including our obligations and your rights in respect of our dealings with your personal information.

Please take a moment to read our Privacy Policy as it describes what happens to your personal information that is collected via our website at https://www.mahindra.com.au/privacy-policy (the Website).

1. How we collect your personal information

We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way.  Where it is reasonably practical to do so, we will collect your personal information directly from you.  We may collect the personal information you directly give us through some of the following means:

• when you are obtaining products or services from us eg purchasing a vehicle;
• when you make an inquiry or order in relation to our products or services provided by us through our Website;
• in administering and performing any contracts with service providers;
• when you sign up to our newsletter services or provide information through our website forms, live chats, online buying tools and various channel on social media including various customer survey;
• when you contact us via telephone or facsimile;
• from correspondence (whether in writing or electronically);
• through any mobile applications provided by our organisation;
• while conducting customer satisfaction and market research surveys;
• when administering any of our services; and
• as otherwise required to manage our business.

However, in certain cases we may collect personal information from publicly available sources and third parties, such as suppliers, recruitment agencies, contractors, our clients and business partners.

If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

2. Types of personal information we collect

The type of personal information we may collect can include (but is not limited to), your name, address, email address, telephone numbers, date of birth, driver licence, transaction details relating to vehicle purchases including vehicle warranty information and credit card and bank details, information from customer surveys, offers and promotional campaigns and any information required to be provided to by law or by agreement.

Where you do not wish to provide us with your personal information, we may not be able to provide you with requested products or services.

3. Our purposes for handling your personal information

As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances.

We collect, hold, use and disclose personal information to:

• verify your identity;
• offer and provide you with our products and services, eg test drives, maintaining customer car warranties, service and repair history;
• manage and administer those products and services;
• provide you with tax invoices, dispatch and tracking information, returns and exchange authorisations;
• obtain your feedback and to find out your level of satisfaction with our products, services including via surveys;
• improve our products and services;
• address any issues or complaints regarding our relationship;
• collect information about your use of the Website, such as the pages you request and the date and time of those requests, if you are logged in;
• facilitate your entry and participation in competitions, promotions or offers;
• comply with our legal and regulatory obligations;
• manage our business; and
• communicate with you regarding the above, including via electronic messaging such as SMS and email, by mail, by online chat, by phone or in any other lawful manner.

We may also use or disclose your personal information:

• for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
• for other purposes to which you have consented; and
• as otherwise authorised or required by law.

4. Who we disclose your personal information to

The types of persons, agencies and entities we typically disclose personal information to include (but are not limited to):

• our authorised franchised dealers, suppliers, contractors, organisations that provide us with technical and support services and our professional advisors;
• third party market research companies under contractual and confidentiality agreements to conduct customer experience surveys on our behalf and other research including focus groups to provide and improve customer experience and services provided by Mahindra. ;
• our related entities in the Mahindra Group (who may use and disclose the information in the same manner we can);
• companies who may use your personal information in order to tailor electronic advertising to you (eg on a webpage) in relation to our products and services;
• regulatory bodies where this is required by law; and
• in the unlikely event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors.

We may also disclose your personal information in accordance with any consent you give or where disclosure is authorised, compelled or permitted by law.

If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do. It is not our business practice to sell our customer information to third parties.

If you post information to certain public parts of our Website or to our social media pages, you acknowledge that such information may be available to be viewed by the public. You should use discretion in deciding what information you upload to such sites.

We may share anonymised ‘hashed’ data with social media advertising partners, such as Facebook, so that they can deliver advertisements on our behalf to their members.

5. Security of personal information

We will hold personal information as either physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers, which may be located overseas.

We take reasonable steps to maintain appropriate physical, procedural and technical security for our offices and information storage facilities so as to prevent any loss, misuse, unauthorised access, disclosure, or modification of personal information.

However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information.  Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).  Please notify us immediately if you become aware of any breach of security.

We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law. We may use and disclose de-identified information in the ordinary course of our business eg for the purpose of providing various reports to monitor sales & marketing efforts both internally in our business practise and externally in administering and performing any contracts with service providers.

6. Direct marketing

Like most businesses, marketing is important to our continued success.  We therefore like to stay in touch with customers and let them know about new opportunities. We may use your personal information to let you know about our new products, services and promotions either from us, or from third parties which may be of interest to you, with your consent or where we are permitted by law to do so.

We will not disclose your personal information to third parties for marketing purposes without your consent.

You may opt out at any time if you no longer wish to receive marketing messages and information from us at any time by contacting our Privacy Officer (contact detail are below).

7. Cookies

A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time.

We use cookies to identify specific machines in order to collect aggregate information on how visitors are experiencing the Website. This information will help to better adapt the Website to suit personal requirements.

We may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Website. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our Website.

While cookies allow a computer to be identified, they do not permit any reference to a specific individual.  For information on cookie settings of your internet browser, please refer to your browser’s manual

8. Accessing and correcting your personal information

You may contact our Privacy Officer to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information we hold about you.

We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so.  If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

We will respond to all requests for access to or correction of personal information within a reasonable time.

9. Overseas transfers of personal information

We may disclose personal information between our related bodies corporate, where permitted under the Privacy Act.  We currently operate out of offices in Brisbane, India, South Africa, and the USA.  We may disclose personal information to our associated entities in these countries.

As at the date of this Privacy Policy, we are not likely to disclose personal information to other overseas recipients. If in future we do propose to disclose personal information overseas, we will do so in compliance with the requirements of the Privacy Act. We will, where practicable, advise you of the countries in which any overseas recipients are likely to be located.

By providing your personal information to us, you consent to us disclosing your personal information to any such overseas recipients for purposes necessary or useful in the course of operating our business, and agree that APP 8.1 will not apply to such disclosures. For the avoidance of doubt, in the event that an overseas recipient breaches the Australian Privacy Principles, that entity will not be bound by, and you will not be able seek redress under, the Privacy Act.

If you do not want us to disclose your information to overseas recipients, please let us know.

From time to time we may engage an overseas recipient to provide services to us, such as cloud-based storage solutions. Please note that the use of overseas service providers to store personal information will not always involve a disclosure of personal information to that overseas provider. However, by providing us with your personal information, you consent to the storage of such information on overseas servers and acknowledge that APP 8.1 will not apply to such disclosures. For the avoidance of doubt, in the event that an overseas recipient breaches the APPs, that entity will not be bound by, and you will not be able seek redress under, the Privacy Act.

10. Resolving personal information concerns

If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact our Privacy Officer:

The Privacy Officer

Address: PO BOX 184, Acacia Ridge, QLD, 4110

Telephone: 07 3213 1211

Email: [email protected]

Please provide as much detail as possible in relation to your question, concern or complaint.

We take all complaints seriously and will respond to your complaint within a reasonable period.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner

GPO Box 5218

Sydney  NSW  2001

Telephone: 1300 363 992

Email: [email protected]

11. Changes

We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on our Website.

The last update to this document was 15^th December 2021.