What privacy laws apply to Tesla?
Whenever Tesla collects, holds, uses, discloses or otherwise deals with any personal information (including credit, health or other sensitive information), Tesla is bound by and must comply with Australia's national privacy laws. These are found in the Privacy Act 1988 as amended from time to time (Privacy Act) and the 'National Privacy Principles' in the Privacy Act (NPPs).
What is personal information?
Personal information includes any information or opinion (whether true or not) about a person who can be identified from that information, which is recorded in some material form, including as part of a database. This ranges from basic personal details such as name, address, e-mail address or telephone number to credit, health and other sensitive information, including information made or collected as a consequence of providing products or services. Tesla may hold the following information about a person:
- name, address, email details, contact numbers, date of birth and driver’s licence;
- vehicle details for any vehicle supplied by Tesla;
- purchase date and name of the person's authorised dealer or broker;
- warranty and service details;
- information collected from marketing campaigns, product research and customer surveys;
- information remotely collected from the person's car concerning its performance history and current location;- any other information provides by the person to Tesla; and
- any other personal information which Tesla is required or authorised to collect for identification or verification purposes.
Collection of personal information
Tesla may collect personal information directly from a person, via its website, email or SMS, from marketing campaigns including competitions, promotions, events, sponsorships or other partnerships. Collection includes when Tesla keeps personal information that it comes across by accident or has not asked for. Tesla may also collect personal information:
- from related companies;
- from its service providers such as roadside assistance and accident management providers;
- at any time when a person enters into a transaction with Tesla;
- when a person requests information about Tesla's products or services; and
- from a vehicle Tesla has sold to the person, but only in the course of providing remote monitoring services which have been consented to by the individual.
Tesla will only collect personal information that is necessary for one or more of its functions and activities. Tesla will collect personal information about a person from the person whenever practicable. Collection will only be done in a lawful and fair manner. Whenever Tesla collects personal information, it will take all reasonable steps to inform the person whose information is being collected:
- that Tesla is collecting their personal information,
- how to contact Tesla;
- the particular purposes for which Tesla is collecting the information;
- the organisations or types of organisations to whom Tesla may disclose the information;
- the main consequences (if any) for that person if all or part of the information is not provided to Tesla (unless this is obvious);
- the fact that the person can access the person's information; and
- any law that requires Tesla to collect the information.
There will be times when Tesla collects personal information about a person from someone else. When this happens, Tesla will take appropriate steps to make sure that the person is aware of the matters listed above.
Tesla will not collect sensitive or health information from anyone unless he or she has consented to this, or the collection is otherwise required or permitted by law.
Uses and disclosures of personal information
The personal information that Tesla collects and holds will generally be used and disclosed for the purpose of carrying out Tesla's functions and activities, as an organisation in the business involving the manufacture and sale (and promotion of the manufacture and sale of) motor vehicles, parts, accessories and related products and services. These purposes include:
- sales and after-sales activities, including warranty and roadside and accident management provisioning;
- vehicle monitoring and servicing (including remote monitoring that a person has not opted out of);
- customer contact and care;
- customer surveys and analysis;
- marketing activities, including communication of information about Tesla group products and services;
- research and development relating to Tesla group products and services;
- providing information for the purpose of securitisation;
- any other purpose which Tesla tells the person about when it collects his or her personal information or to which he or she has consented;
- any related purpose that would be reasonably expected in the circumstances; or
- where otherwise permitted or required by any law.
Tesla may disclose personal information it collects (other than a person's consumer credit information) as follows:
- to service providers so that they may use the personal information for one or more of the above purposes or to assist Tesla to carry out the particular purpose;
- to overseas companies related to Tesla, in particular, Tesla Motors, Inc.;
- to other business partners, service providers or advisers (including mailing houses, vehicle and vehicle product importers and distributors) which may be located or operate both in and outside Australia;
- to finance companies in connection with their provision of finance to customers;
- to any other person or entity to which the person has consented to Tesla disclosing his or her personal information; and
- as otherwise required or authorised by law.
Tesla will only transfer personal information outside Australia if it reasonably believes that the country to which the personal information is to be transferred has similar or equivalent privacy laws to those in Australia and Tesla will take reasonable steps to protect all personal information and to ensure that it is treated in accordance with the legislative requirements concerning data protection in that country. Otherwise, Tesla will obtain the person's consent to the transfer of their information or ensure that one of the other prescribed circumstances in NPP9 applies.
Tesla may contact and communicate with a person either via telephone, post, facsimile, email or SMS. Generally, Tesla will not direct market to people unless they have been given an opportunity to opt out of receiving future direct marketing communications.
However, if Tesla contacts a person for the purposes of direct marketing, without first having obtained consent because it is impracticable to do so, Tesla will then provide the person with the opportunity to decline any further marketing communications, at no cost to the person.
If Tesla collects sensitive or health information, it will only use this information with the person's consent or as otherwise permitted by law.
Security and management of personal information
Tesla takes all reasonable steps to protect personal information it holds from misuse, loss or unauthorised access, modification or disclosure.
Tesla will take reasonable steps to destroy or permanently 'de-identify' any personal information which it holds when it is no longer required for any purpose for which it was collected or for which it may be legitimately used or disclosed.
Complaints, access and correction
Tesla will take all reasonable steps to ensure that the information it collects, holds or discloses about a person is accurate, complete and up to date.
If a person believes that Tesla has not dealt with his or her personal information in a manner that complies with the Privacy Act and/or the NPPs, he or she should contact Tesla to resolve the concern and to discuss how Tesla can better deal with their information.
All complaints, requests for access to, or to correct, personal information or any queries concerning privacy matters should in the first instance be put in writing via e-mail or post, addressed to the following:
3500 Deer Creek Drive
Palo Alto CA 94304
Privacy Statement and Collection Statements