SUPERCARS DIGITAL PROPERTIES
(Website and Mobile Application)
Terms and Conditions
Effective February 2017
You acknowledge and agree that by accessing, using or downloading any of the digital assets owned by V8 Supercars Australia Pty Limited (ACN 077 053 484) (Supercars), including (without limitation) the Supercars website at www.supercars.com and Supercars’ mobile application (together the Supercars Digital Properties and each a Supercars Digital Property), that you accept and agree to be bound by the following terms and conditions:
No Warranties or Representations
The information contained within the Supercars Digital Properties is for preliminary and general purposes only.
This information is provided by Supercars “as is” and to the extent permitted by law, and is provided without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement.
Supercars may, at any time and from time to time, at its sole discretion, make changes to any of the information that is contained within any of Supercars Digital Properties.
While the information provided within the Supercars Digital Properties is believed to be accurate, it may include errors or inaccuracies. As such, the information that is contained within the Supercars Digital Properties may not be accurate, complete or up to date and no reliance whatsoever should be placed on this information.
Supercars is not responsible and will not accept responsibility or liability for any cost, damage, expense or loss (whether direct or indirect) that is or may be incurred as a result of any possible error, inaccuracy, misrepresentation and/or omission that is, was, or may be contained within the Supercars Digital Properties at any time and from time to time.
Links to Other Sites
The Supercars Digital Properties may contain links to other internet websites or applications that are owned by third parties.
These third party links are provided solely for your convenience and do not indicate either express or implied endorsement by Supercars of the products or services that are provided by any third party internet websites or applications.
When accessing third party internet websites or applications and choosing to use those products and services, you agree and undertake to do so at your own risk.
The text, images, graphics, sound files, animation files, video files and their arrangement within the Supercars Digital Properties are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and applicable international treaties.
Apart from any use that is permitted under the Copyright Act 1968 (Cth) all rights are reserved by Supercars.
No material within the Supercars Digital Properties, nor the Supercars Digital Properties themselves, may be copied for commercial use or distribution by any person, nor may material or information within the Supercars Digital Properties be modified or reposted to other internet sites.
Some of Supercars Digital Properties may contain images that are subject to the copyright rights of third party providers.
The Supercars Digital Properties include registered trade marks, trade marks which are the subject of pending applications and trade marks which are otherwise protected by law.
You acknowledge that Supercars must protect its intellectual property, including its patents, trade marks and copyrights.
Accordingly, you hereby acknowledge and agree that access to and use of the Supercars Digital Properties does not grant any licence or other proprietary rights to the intellectual property in the Supercars Digital Properties nor to any material or information contained within the Supercars Digital Properties.
Information Collection and Use
Supercars Digital Properties collect personal information for purposes considered necessary for the effective functioning or activities of the Supercars business.
Generally, Supercars only processes personal information for the purposes for which it was originally collected, unless required or authorised by or under law or if the individual concerned has consented to the intended use.
Supercars does not collect and/or process any personal or sensitive information against the expressed wishes of an individual, unless Supercars is required by law to do so.
You have the right to remain anonymous when entering into transactions with Supercars, unless such anonymity would be considered unlawful or impracticable.
Supercars ensures that its takes all the required steps to ensure that personal information is kept safe from misuse, loss and unauthorised access, modification and disclosure.
Supercars will not transfer personal information to a foreign country, unless such a transfer is allowed by law.
Site privacy practices
The Supercars Digital Properties sometimes use cookie technology in order to provide information and services to website visitors.
Cookies are pieces of information that a website transfers to your device storage for record keeping purposes and are a necessary part of facilitating online transactions. The majority of web browsers are set to accept cookies due to cookies being useful in estimating the number of users on Supercars Digital Properties and to determine the overall traffic patterns through Supercars Digital Properties.
At any stage, should you receive communications from Supercars that you do not wish to receive, please let us know.
Access to Facilities and Services
Supercars offer the Supercars Digital Properties for your use and you acknowledge and agree that you cannot send the Supercars Digital Properties or any materials or information contained within the Supercars Digital Properties to any third party, and you are not allowed to copy or modify the Supercars Digital Properties, any part of the Supercars Digital Properties, or any of Supercars’ intellectual property rights in any way.
You agree that you will not attempt to extract the source code(s) of the Supercars Digital Properties, try to translate the Supercars Digital Properties into other languages, or make derivative versions of the Supercars Digital Properties.
The Supercars Digital Properties, trade marks, copyright, database rights and any other intellectual property rights related to the Supercars Digital Properties are and remain the property of Supercars.
Supercars is committed to ensuring that the Supercars Digital Properties are as useful and efficient as possible. Supercars reserves the right at its sole discretion to make changes to the Supercars Digital Properties or to charge any of its services, at any time and for any reason.
Any fees associated with the Supercars Digital Properties will be set out clearly and you will be aware of what you are paying for and what services you will be receiving.
The Supercars Digital Properties store and process personal data that have been provided to Supercars. It is your responsibility to keep your device and access to the Supercars Digital Properties secure. Supercars therefore recommend that you do not jailbreak or root your device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. In the event that you jailbreak or root your device, your device may become vulnerable to malware/viruses/malicious programs and/or compromise your devices security features which may result in the Supercars Digital Properties not working correctly on your device.
Supercars will not take the responsibility for certain functions of its application, which includes but is not limited to the ability to download or access live timing. Supercars will not be responsible and will not provide any compensation where services are unavailable for any reason.
The Supercars Digital Properties will require you to have an active internet connection. The internet connection may be Wi-Fi, or provided by your mobile network provider, but Supercars cannot take responsibility for the Supercars Digital Properties not working at full functionality in the circumstances that you do not have access to Wi-Fi, internet from your service provide or you do not have any data allowance left on your phone plan.
In the event that you are using the Supercars Digital Properties outside of an area with Wi-Fi, you must understand that the terms of agreement with your mobile network provider will apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Supercars Digital Properties, or other third party charges. In using the Supercars Digital Properties, you are accepting responsibility for any such charges, including roaming data charges should you choose to use the Supercars Digital Properties outside of your home territory (that is your region or country) without turning off data roaming. In the event you are not the bill payer for the device on which you are using the Supercars Digital Properties, you acknowledge that you have obtained the permission from the bill payer for using the Supercars Digital Properties.
Supercars Official Application Subscription Services – “Live Timing and Tracking”
Supercars offers the following subscription service which may be purchased within its mobile application – “Live Timing and Tracking – 12 Month Access” (the Subscription Service).
If you subscribe to the Subscription Service, the following subscription terms and conditions will apply. You acknowledge and agree that by accessing the Subscription Service you accept and agree to be bound by these terms and conditions.
When you subscribe to the Subscription Service, you will receive access to live race timing information and live car tracking on an interactive map in respect of motor races within the Supercars championship managed and promoted by Supercars on your compatible Apple iOS or Android powered handset.
The cost of the Subscription Service is AUD$9.99 per year. Payment will be charged to the iTunes account or Google Play™ account assigned to your device at the time that you confirm purchase of the Subscription Service.
Subscription to the Subscription Service provides you with access for one year (being 365 days) from the time that you purchase the Subscription Service.
Your subscription to the Subscription Service will automatically renew for a further one year period unless your “auto-renewal” function is turned off at least 24 hours before the end of the then current subscription period. The cost of this automatic renewal will be as above unless otherwise notified to you, and will be charged to your iTunes account or Google Play™ account.
You can cancel your subscription to the Subscription Service and/or turn off your “auto-renewal” function at any time within your iTunes or Google Play™ account settings. Please note however that you will not be entitled to any refund of the fee (or any part of it) that Supercars has already charged you for your subscription.
The Subscription Service is a data streaming service which does not allow permanent download of information.
The application and the Subscription Service is provided for your personal, non-commercial use only. You must not download, retain, store, reproduce, republish, modify, adapt, translate, prepare derivative works from, reverse engineer or disassemble content or information included within the Subscription Service, nor authorise, allow or provide the means for others to do any of these things, without obtaining Supercars’ prior written permission.
Multiple device compatibility allows your use of the Subscription Service to be shared across up to five (5) compatible web or mobile devices linked to the unique Apple ID or Google ID. This is subject to the Apple App Store™ and Google Play™ rules and can be amended from time to time without warning.
Supercars may, from time to time at its absolute discretion, change the times of race sessions included within the Subscription Service without telling you beforehand.
V8 Supercars Australia Pty Ltd and
Touringcar Entrants Group Australia Pty Ltd
Rights to privacy
In handling your personal information, we are required to comply with the Privacy Act 1998 (Cth) (‘Act’) and any privacy principles enacted under the Act. This policy may be updated from time to time.
What kinds of personal information do we collect?
Personal information is information that identifies an individual or from which an individual’s identity can reasonably be ascertained. During the provision of our services, we may collect your personal information.
When you use our website, we may collect statistical information relating to your use of this website, including:
- your server address;
- your IP address;
- your top level domain name (for example .com, .gov, .au, .uk etc);
- the pages you accessed and documents downloaded;
- the website you visited immediately prior to accessing this website;
- your navigation patterns; and
- the type of browser you are using.
- Depending on your use of our website, we may collect further personal information. The kinds of personal information that we may also collect include your name, date of birth, address, e-mail address and telephone numbers.
If you apply for subscription to the V8 SuperView service, we will also collect your credit card, debit card, charge card details or your PayPal account details as well as any other information that we request, and you provide us with in order to process your subscription application and provide you with access to the V8 SuperView service.
How do we collect personal information?
Generally, we collect your personal information directly from you, such as by requesting that you provide your personal information when you fill out an application form or other similar document or submit information to us via our website. There may be other occasions when we collect your personal information from you or from other sources, such as from a publicly maintained record or from an information services provider.
Why do we need your personal information?
We collect your personal information for the purposes of:
- conducting marketing and promotional activities;
- providing you with access to our website and other related services;
- responding to queries and feedback you submit to us;
- administer contests or competitions which we conduct from time to time;
- if applicable, assessing your application for the V8 SuperView service and providing you with access to the V8 SuperView service;
- facilitating our internal business operations;
- for planning, research, product development and customisation;
- providing you with information about our products or services that may be of interest to you;
- accounting, billing and other administrative purposes; and
- any other legal requirements which we must comply with.
You are under no obligation to provide your personal information to us. However, without receiving certain information from you, we may not be able to provide our services to you.
Who do we disclose your personal information to?
We disclose your personal information for the purpose for which we collect it (for example, to assess your subscription application for the V8 SuperView service or provide you with access to the V8 SuperView service) or where you have consented to us disclosing this information.
The types of organisations to which we may disclose the personal information you provide us with include:
- any third party service provider which we may engage to provide administration, process payments (including PayPal), technology, auditing, mailing, printing or other services, including website administration services or services relating to V8SuperView;
- Government authorities where required to by law; and
- our professional advisers (including legal and accounting firms, auditors, consultants and other advisers).
- Security of your personal information
We take all reasonable steps to ensure that the personal information we hold is protected against misuse, loss, unauthorised access, modification or disclosure. We may hold personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by our authorised staff.
However, we cannot guarantee the security of any personal information transmitted to us via the Internet.
Can you access the personal information that we hold about you?
Under the Act, you have a right to access your personal information that is collected and held by us. If at any time you would like to access or change the personal information we hold about you, or you would like more information on our approach to privacy, please let us know.
To obtain access to your personal information, we may request that you provide us with proof of your identity. This is necessary to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected.
We will take all reasonable steps to provide access to your personal information within 30 days from your request. In less complex cases, we will attempt to provide information within 14 days.
If providing you with such access requires a detailed retrieval of your personal information, a fee may be charged for the cost of such retrieval and supply of information.
Amendments to policy
Our policy may be updated from time to time. We shall ensure the current version of the policy is available at our websites located at www.supercars.com
How to contact us
For further information or enquiries regarding your personal information, please contact our Privacy Compliance Manager at firstname.lastname@example.org or on +61 7 5630 0364.
Please direct all privacy complaints to our Privacy Compliance Manager. At all times, privacy complaints:
- will be treated seriously;
- will be dealt with promptly;
- will be dealt with in a confidential manner; and
- will not effect your existing obligations or effect the commercial arrangements between you and us.
The Privacy Compliance Manager will commence an investigation into your complaint. You will be informed of the outcome of your complaint following the completion of the investigation. In the event you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Federal Office of the Privacy Commissioner.