Last updated: 30 June 2026

In the course of carrying out our activities, including providing our platforms and services, Fusion Software Development Pty Ltd (ACN 61 581 200), and our subsidiaries and related bodies corporate (together, we, us or our), will collect, store, use and disclose Personal Information. We are committed to the protection of your Personal Information and to compliance with applicable privacy laws.

1. Definitions
   1. In this Privacy and Credit Reporting Policy, unless the context otherwise requires, the following terms have the following meanings.

   Client means the Customer’s individual clients.

   Client Data means Personal Information, Credit Information and/or data about Clients that the Customer collects and stores and/or uploads into/within our Services, including the types of Personal Information set out in section 3. 

   Credit Information has the meaning given to it in the applicable Privacy Laws.

   Customer means the entity to whom we provide our Services, including motor vehicle dealerships and OEMs (being a vehicle manufacturer, or licensee of a vehicle manufacturer holding the right to represent a motor vehicle brand and manufacturer).

   Customer Data means Personal Information and/or personal data that we collect from the Customer about the Customer’s employees and/or other personnel who are using or engaging with our Services, including the types of Personal Information set out in section 3.

   Data Protection Laws means laws that apply to the collection, handling, storage, processing, disclosure, and any other use of Personal Information.

   Personal Information and/or Personal Data have the meaning given to them in section 2.

   Privacy Laws means any laws, codes and regulations applicable to the collection, use, disclosure and/or processing of Personal Information under this agreement, including the Privacy Act 1988 (Cth) and/or any other equivalent or similar legislation as applicable in any relevant jurisdiction.

   Services means our products and services, including our software platforms and other ancillary or related services.

   Third Party Data means Personal Information captured by our Services via third party sites and their operators.

2. Personal information and personal data

   Any information that can lead to someone identifying you or inferring that the information is about you is Personal Information.

   1. Any information that can lead to someone identifying you or inferring that the information is about you is Personal Information. We may collect Personal information and/or personal data (the terms commonly used in applicable Data Protection Laws), about or relating to you, a Customer or Client, such as:
      • name, date of birth, contact details, nationality, marital status, gender, dependents;
      • credit information;
      • information or an opinion about an identified or reasonably identifiable individual, whether or not the information or opinion is true and whether or not the information is recorded in a material form (Personal Information or Personal Data).
   2. We use the term Personal Information throughout this policy however, you can also read this as a reference to Personal Data.
3. Types of Personal Information we collect, hold and/or process

   We collect different types of Personal Information which will depend on your interaction with us, the below sets out the types of information we might collect.

   1. We collect, hold, receive and/or process Personal Information about individuals for the provision of our Services and purposes connected to our Services, which includes the Client Data and the Customer Data.
   2. Consistent with the provision of our Services, the types of Personal Information we may collect, receive, store, and hold includes the following.
      • Identity and contact details – including individuals’ full name, address, date of birth, telephone number, email address, and other identifying and contact information.
      • Location data – some of our Services collect location data while the relevant product is in use to enable certain functionalities, such test driving functionalities and associated driving routes.
      • Credit Information -
        • credit liability information about your existing finance;
        • repayment history information, which is information about whether you meet your repayments on time;
        • information about the type and amount of finance that you are applying for;
        • financial hardship information (including information that any repayments are affected by a financial hardship arrangement);
        • default information (including overdue payments);
        • new arrangement information;
        • details of any serious credit infringements;
        • personal insolvency information;
        • publicly available information; and
        • bank statements and payment information.

        We also use the term ‘credit information’ to refer to credit eligibility information, which is credit reporting information supplied to us by a credit reporting body, and any information that we derive from it.

      • Other information – text of written and oral communications gathered in the course of our interaction with you, including where you comment within our platforms and/or otherwise interact on live-chat, social media and emails, including feedback and online reviews and other information from your interactions with us online, including cookie information, IP address, URLs, search histories and other associated information.
      • Create and store videos for the purpose of capturing motor vehicle interior and exterior details, relevant to each customer account; and
      • Transmit the stored motor vehicle videos to the customer, to enable them to view the recorded details of the motor vehicle's exterior and interior features.
   3. Relevant to each of the European Union’s General Data Protection Regulation and the United Kingdom’s Data Protection Act 2018 (together, the GDPR), the basis for our processing of your Personal Information under the GDPR is with your consent and to enable us to perform the contract with you related to the services you have asked us to provide. If you don’t provide us with Personal Information, we are unlikely to be able to provide you with our Services.
4. How we collect, hold or receive Personal Information

   This section explains how we may collect. hold or receive information from you, which may be directly or via third parties, which we explain in more detail below.

   1. The ways we may collect your Personal Information are as follows.
      • Directly from you. We may collect Personal Information directly from you, including while providing our Services, from our website and other online platforms, including using cookies (data files placed on your device or computer).
      • From third parties. In some circumstances, we do not have a direct relationship with the person whose Personal Information we are receiving, handling and storing. We may receive Personal Information about you from third parties who you have a relationship with, including the following.
        • The Customer as your employer. Where the Customer is your employer and/or you’re otherwise engaged by the Customer (for example, as a contractor or other representative), the Customer may disclose your Personal Information to us while enabling your use of our Services.
        • The Customer as your service provider. Where you are the Customer’s Client and, accordingly, the Customer is your service provider, while providing their services to you that are related to our Services, the Customer may disclose your Personal Information to us.
        • Third Party integrators and aggregators. We have relationships with third party integrators and aggregators who integrate with our Services. Where you have given your Personal Information to such third parties, and they integrate with our Services, your Personal Information may be disclosed to us because of such integration.
        • Other sources. We may also receive Personal Information from other sources where it is necessary for our business functions or activities. Examples of where we may receive personal information about you from another source and why this may happen are:
        • a credit reference about you from a credit reporting body;
        • any external third parties where you have authorised them or asked them to provide your personal information to us;
        • as required or authorised by law;
        • an agent, representative or adviser you have appointed.
   2. While your disclosure of Personal Information to the third parties set out above remains governed by your relationship with that third party, including their privacy policy, our storage and use of your Personal Information, once we receive it from such third parties, will be governed by this Privacy and Credit Reporting Policy.
   3. Personal Information is held securely, is subject to various security protections and is held only for as long as the information remains relevant to the purpose for which it was collected, and in accordance with our business needs and legal requirements.
5. Purposes for which we receive, hold, process, use and/or disclose Personal Information

   We collect, use and disclose your Personal Information for a wide variety of reasons but only to the extent that we need to in order to operate our platforms and provide our Services, or where required or permitted by law.

   1. We will not use or disclose Personal Information for any secondary purpose, unless that secondary purpose is related to the primary purpose for which we have collected that information, and you would reasonably expect the disclosure in the circumstances, or unless you consent to that use or disclosure.
   2. The purposes for which we collect, hold, use and disclose information may include:
      • Conducting our business, which includes providing our Services, or the products and services of a third party, to our Customers, including in accordance with the directions provided by the Customer:
        • in respect of Client Data;
        • in relation to the exchange of your credit information with a credit reporting body or other relevant third party to facilitate creditworthiness checks and for the purposes of an application for finance, where authroised by you.
      • To communicate information about our Services or third party organisation services that may be of interest to you;
      • To provide you with information or advertising relating to our Services (including serving and targeting advertisements) or marketing communications we believe may be of interest to you;
      • To improve and optimise our Services and platforms;
      • For our internal administrative, research, planning, marketing and product development purposes; and
      • To comply with legal obligations.
   3. We may also disclose Personal Information to the following third parties for their use for the same purposes.
      • Our parent companies and other affiliates and related bodies corporate.
      • Third party service providers, including service providers who assist us so we can make our Services available to our Customers and/or assist with ancillary services made available through Services and technology and marketing service providers and partners, including Amazon Web Services, Facebook marketing services and Google Analytics.
      • The Customer as your employer who is our customer using our products and services.
      • The Customer as your service provider, who you are the Client of and with whom you also have a relationship with.
      • OEMs, being a vehicle manufacturer, or licensee of a vehicle manufacturer holding the right to represent a motor vehicle brand and manufacturer.
      • A credit reporting body such as Equifax and Illion.
   4. While our disclosure of Personal Information to such third parties is governed by our privacy and Credit Reporting policy, such third party’s use of your Personal Information, including contacting them with any queries you have about the Personal Information they hold and how they are using it, will be governed by their privacy policy. It is your sole responsibility to review such privacy policies.
6. Access and Correction
   1. You have the right to access and correct your own Personal Information and this section deals with such rights and the related processes.
   2. We will take all reasonable steps to ensure any personal data we collect, use or disclose is up to date and accurate. If you believe Personal Information that we hold about you is not up to date or accurate, you may ask us to correct it.
   3. You may ask us to provide you with details of the Personal Information we hold about you, and copies of that information. We will respond to your request and attempt to provide you with the data within 30 days of receipt of your request.
   4. If we provide you with copies of the information you have requested, to the extent permitted by law, we may charge you a reasonable fee to cover the administrative costs of providing you with that information.
   5. Sometimes your credit information may be used by credit reporting bodies for the purposes of pre-screening or direct marketing on the request of other credit providers. You can contact the relevant credit reporting body at any time to request that your credit information is not used in this way. You can also contact the credit reporting bodies if you believe that you have been a victim of fraud. For more guidance on credit reporting and information about your rights, please visit CreditSmart at https://www.creditsmart.org.au/. You can also download a copy of Equifax or Illion’s privacy policies at https://www.equifax.com.au/privacy and https://www.illion.com.au/privacy-policy/.
   6. Please direct all requests for access and correction to the email address set out in section 11 below.
7. Security
   1. We maintain commercially reasonable and industry appropriate technical, organisational and security measures to safeguard Personal Information that we receive, collect, use or hold. These measures are designed having regard to the nature and sensitivity of the information we handle and may include encryption, secure transmission protocols, malware and virus protection, network security controls, access controls and other safeguards designed to protect Personal Information from misuse, interference, loss, and unauthorised access, modification or disclosure.
8. Some other rights in relation to your privacy

   You’ve probably heard of the right to be forgotten. In the UK and EU you have certain rights about the deletion of your personal data, and this clause sets out such rights.

   1. Relevant to the GDPR, some individuals also have a right, in certain circumstances, to have the information held about them erased. You can talk to us further about this by contacting us at the email address set out in section 11 below. Such individuals can also request that we restrict or suspend the processing of your Personal Information. If you do so, note that we will then be most likely unable to provide the services to you.
   2. The GDPR also provides that in some circumstances, individuals have a right to data portability, to withdraw their consent at any time, to object to data processing and to object to processing of data for marketing purposes.
9. Overseas Disclosure

   Sometimes we may disclose your Personal Information outside of the UK, EEA and/or Australia. We’ll make sure that your Personal Information remains protected.

   1. Relevant to the GDPR, to provide our services to you, we may disclose the information which we process to countries outside the European Economic Area (EEA) and the UK. Regardless of the location of our processing, we will impose adequate data protection safeguards and implement appropriate measures to ensure that your personal data is protected in accordance with applicable data protection laws.
   2. In relation to our Australian operations, we may, while providing products and services, disclose Personal Information to overseas entities including by utilising overseas data servers to process information. Those overseas entities may be in the United States of America, Europe or Asia.
10. Changes to this Privacy and Credit Reporting Policy

    Please review the policy to check if we’ve made changes.

    We will review and update this privacy and credit reporting policy from time to time as needed without notice. Therefore, you should review the terms of this policy periodically to make sure that you are aware of how we collect, hold, store and use Personal Information. The date this policy was last updated will be set out at the start of the policy.

11. Complaints

    Please contact us if you have a privacy complaint. We’ll do our best to resolve your complaint. If we don’t, below are the relevant supervisory authorities who you can contact.

    1. If you consider a breach of the Privacy Act 1988 (Cth) or GDPR has occurred, you may direct your query to our privacy officer using the details set out in the contacting us section below and we will attempt to resolve your complaint.
    2. If you do not consider our response satisfactory, you may contact the following privacy regulators.
       • Australian individuals may contact the Australian Privacy Commissioner at its website www.oaic.gov.au or by telephone on 1300 363 992. 
       • EU individuals may contact their relevant local data protection authority, which can be located at via the European Data Protection Supervisor and/or this link.
       • UK individuals may contact their local data protection authority, the Information Commissioner’s Office (see here).

Contacting us

If you have any questions about this Privacy and Credit Reporting Policy and would like further information, please contact us at info@fusionsd.com.au.