Ford Australia Terms and Conditions
Part 1 - Terms and Conditions
1. General Information
This Application (“App”) is owned by Ford Motor Company, 1 American Road, Dearborn, Michigan 48126 United States of America (hereinafter "Ford") and the content on the App is owned by Ford or its affiliated companies and by affiliates and third parties that post on the App through a license from Ford, but for whom Ford assumes no direct responsibility. Please read these Terms and Conditions, as they, together with any additional terms to which you agree when using particular elements of the App, constitute the entire agreement regarding the App and set forth the legally binding terms governing your visit to this App. These Terms and Conditions apply to all persons who use this App, regardless of your level of participation. Use of this App by Ford employees, including contract, agency and supplemental, is completely voluntary and will have no impact on your employment. Time spent using the App outside of work hours is not compensable. If you have questions, please talk with your supervisor before downloading or registering for this App. Use of this App requires your acceptance of the legal terms under which it is offered, including Part 1- General Terms and Conditions and Part 2 – Ford Owner App Privacy Statement (“Privacy Statement”). Together, Part 1 and Part 2 constitute the “Terms and Conditions.” The General Terms and Conditions set forth in Part 1 and the Privacy Statement set forth in Part 2 apply to all Apps. By using this App you agree that you have read, understand and accept the Terms and Conditions and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. You acknowledge these Terms and Conditions are a binding and enforceable agreement between you and Ford. You acknowledge your app store provider is not a party to this agreement but agree that it and its subsidiaries are third party beneficiaries of this agreement’s Terms and Conditions, giving your app store provider and its subsidiaries the right (and will be deemed to accept the right) to enforce these Terms and Conditions against you as the end-user of the App. By using this App, you also agree that you will not use this App for any purpose that is unlawful or in contravention of these Terms and Conditions. Ford and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this App. Continued use of this App following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Ford may cease all or part of the App at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions please do not use the App.
2. Fees
You are responsible for any fees incurred in connection with your use of this App. Your mobile phone carrier may charge you access or data fees for your use of their services in connection with data transmission. Contact your data carrier for more information regarding data rates and fees.
3. System Requirements/ Updates/Changes/Cancellation
Use of this App requires a compatible mobile telephone or handheld device which is compatible with the App, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the App involves hardware, software, and internet access, your ability to use the App may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. This App is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee your access to the App. The version of the App software may be upgraded from time to time to add support for new functions and services, improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. If you have permitted automatic updates, you agree to receive such updates as part of your use of this App. You acknowledge that your app store provider has no obligation whatsoever to furnish any maintenance or support services to you respecting this App. To the fullest extent permitted by applicable law, Ford reserves the right, in its sole discretion, to change, improve, correct, modify, suspend, discontinue or permanently cancel the operation of this App or portions thereof at any time without any notice to you, without incurring any obligations. Your use of this App after any changes are posted will be considered acceptance of such changes. The App may not be available during maintenance breaks and other times.
4. User Control and Uninstall
Uninstallation methods vary depending on your device. To uninstall this App, please use the application manager provided with your device or consult your device manual for reference.
5. United States App and Pricing
Ford operates this App from Michigan, United States of America (“U.S”). You agree that all notices, legal documents, proceedings, etc. will be in the English language. Materials and information provided on or through the App, including but not limited to prices, features, products or services, may not be appropriate for or available outside the U.S. If you choose to access the App from outside the U.S., you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the App. Further, because Ford is based in the U.S., you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties. If vehicles are depicted in this App, it in no way constitutes an offer to buy or sell vehicles from Ford or to provide financing or leasing. Any prices, product specifications and all other information shown on this App are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Most U.S. pricing refers to the Manufacturer’s Base Price (“Base Price” also sometimes called “Base MSRP”), which, unless otherwise indicated, excludes destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, or environmental charges or fees, any industry specific fee, any applicable consumer rebates or incentives, and the cost of any dealer added options. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, incentive, lease or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual dealers set the actual transaction price. Contact your selected dealer for the actual price of any vehicle and any applicable terms and conditions that may apply.
6. Depiction of Vehicles
Any vehicles shown on this App are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. The actual vehicles offered in your market may be different. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose. Vehicle availability may be limited and vehicles shown may not be available in all markets. Ford reserves the right to change any detail regarding the specification, prices, components, colors, and product availability without prior notice.
7.Third Party Information
This App may contain links to third-party websites that are not owned or controlled by Ford, including but not limited to links to websites for Ford dealers (Third Party Websites). Ford has no control over and, to the fullest extent permitted by applicable law, assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites. In addition, Ford will not and cannot censor or edit the content of any Third Party Website. By clicking on links, you expressly relieve Ford from any and all liability arising from your use of any Third Party Website, or from the content of any Third Party Website. When using a Third Party Website, you should be aware of when you leave Ford's App and read the terms and conditions and privacy policy of each Third Party Website that you visit.
8. Limited Licenses
Unless and to the extent indicated otherwise, the App and Materials (including past, present and future versions) and all content that is included in, on or that are otherwise a part of the App and/or Materials are owned, controlled or licensed by Ford, its subsidiaries or affiliates. The contents of the App and Materials, including the selection, coordination and arrangement of the App and Materials, are protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights, laws and treaty provisions whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws worldwide in your use of this App and Materials and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Ford does not grant any express or implied right to you under any patents, trademarks or copyrights. Subject to your continued compliance with these Terms and Conditions, Ford grants you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to this App and the Materials for your personal, non-commercial use only. Ford authorizes you to download the Materials and App only for your personal, non-commercial use. All rights, title and interest in the App and Materials not expressly granted to you in these Terms and Conditions are reserved by Ford and its subsidiaries and affiliates, and/or its licensors. You agree not to dispute Ford's claims of ownership or validity of its rights in the Materials on this App. These Terms and Conditions shall extend from the date you install this App until terminated by you (when you uninstall this App) or Ford. Ford may suspend or terminate any and all of your rights and authorization at any time for any reason. If you violate any of the Terms and Conditions, your rights under this Section will immediately terminate and Ford may terminate your access to the App without notice and without any refund of fees, if applicable. Any right or authorization granted to you by Ford is subject to the following obligations and restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
- You may not copy, reprint, modify, distribute, translate, port, publish, sublicense, assign, transfer, sell, lease or otherwise distribute the Materials in any way or reproduce or publicly display, perform, or otherwise use them for any public or commercial purpose;
- You may not , nor allow third parties to, commercially exploit the App, Materials nor underlying data, including without limitation, creating derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, create a database, systematically download, store any or all of the Materials from the App or websites, link or frame any portion of the Materials, extract, derive or attempt to extract or derive any source code or structure of all or any portion of the Materials or the App by reverse engineering, disassembly, decompilation or any other means;
- You may not transfer the Materials to any other person unless it is for that individual’s personal, non-commercial use and you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions;
- You may not use the App or Materials with other content or in a manner that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, nor may your use victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- You may not use the App or Materials with other content or in a manner that impersonates any person, business or entity, including Ford, its affiliated companies or affiliated third parties, and its and their employees and agents;
- You may not interfere, try to interfere, disrupt, or try to disrupt the Ford servers or networks, or disobey any network access or security requirements, policies, directives, procedures, or regulations of Ford;
- You may not use the App or Materials as a means to engage in conduct that reflects poorly upon, disparages or devalues Ford’s reputation or goodwill, as determined in Ford’s sole discretion; and
- You may not use the App or Materials with other content or in a manner that is in conjunction with adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol.
- If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer to the App or Features.
9. Other Conditions/Restrictions
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY APP OR WEBAPP, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE FORD’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FORD RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
This App is intended as a resource for people interested in Ford Motor Company products, projects and initiatives. This isn’t the place to address warranty or customer service questions or concerns or products sold by Ford Motor Company. If you have a question about a Ford Motor Company product, please contact Ford's Customer Relationship Center calling 1 800-392-3673 in the United States or 1 800-565-3673 in Canada during normal business hours.
10. Trademark Notice
The Ford name, and all trademarks and logos displayed on this App are owned or used under license by Ford. These trademarks include, but are not limited to, product brand names (e.g., Ford, Lincoln, Motorcraft), vehicle model names (e.g., Mustang, Fiesta, Focus), slogans (e.g., Built Ford Tough), and logos and emblems. The unauthorized use of any trademark displayed on this App is strictly prohibited.
11. Designated Agent for Copyright Notification
Ford will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe that any content on this App infringes your copyright rights, please contact Ford's designated agent for receiving such notifications in writing as follows:
Designated Agent:
Kara Tertzag Lividini
Suite E8029
330 Town Center Dr.
Dearborn, Michigan 48126
Email address: KTERTZAG@Ford.com
Phone number: 313-323-8559
Fax: 313-323-9006
In your communication, please include:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
- Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
- A statement that the information in your notification is accurate.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf. You acknowledge that if you fail to comply with all of the requirements of the above paragraph, your DMCA notice may not be valid. Please see 17 U.S.C.§ 512 for more information regarding the DMCA and DMCA notifications.
12. Indemnity and Hold Harmless
By using this App you agree that you will defend, indemnify and hold harmless Ford and its subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this App, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Ford reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Ford's defense of such claim. You acknowledge and agree that your app store provider has no responsibility or obligation in the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
13. Disclaimer
Ford may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time. NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS APP, OTHER WEBSITES PROVIDED BY FORD OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE APPS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE APPS.
This App and all the information it contains is provided for information purposes only on an "as is" and “as available” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Ford, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the App, the information, Materials, content, availability, and products. To the fullest extent permitted by applicable law, Ford disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. In the event this App fails to conform to any applicable warranty, you may notify your app store provider, and it may refund the purchase price for the App to you and that, to the maximum extent permitted by applicable law, it will have no other warranty obligation whatsoever with respect to the App. You acknowledge that your app store provider is and will not be responsible for addressing any claims by you or a third party relating to the App or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FORD'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS APP AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FORD, ITS INFORMATION PROVIDERS AND THEIR AGENTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW FORD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB, APP, OR ANY HYPERLINKED WEBSITE OR APP, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FORD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER FORD, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
This section does not affect, and is not intended to affect, any rights that a consumer has that are not able to be excluded under applicable consumer laws. To the fullest extent permitted by law, any liability of Ford, its officers, Directors, employees, related entities, affiliates, shareholder, representatives or agents for breach of any such rights is limited to refunding the purchase price paid for this App.
14.Miscellaneous
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this App constitute the entire agreement regarding the App and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the App or the services provided on the App. This App is operated from Ford's offices in the United States of America. Unless and to the extent local law requires otherwise, these Terms and Conditions are governed by, and construed in accordance with, the laws of the State of Michigan, except in relation to any conflict of law provisions thereof which would require application of another choice of law. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Ford's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Unless local law mandates otherwise, all lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Wayne County, Michigan. If you have any questions, comments, or claims regarding this App you may contact us by finding your local contact information by going to this website https://corporate.ford.com/our-company/country-websites. , or contacting us in the US at:
Telephone 800-392-3673, 800-232-5952 (TDD for the hearing impaired)
Available 8:00 am - 5:00 pm EST Monday - Friday
Mailing Address Ford Motor Company Customer Relationship Center P.O. Box 6248 Dearborn, MI 48126
15. User Generated Content
If this Application allows you to submit information to Ford, ( “User Submissions”) you understand and agree that your User Submissions will not be treated in confidence by Ford except as provided herein with respect to personally identifiable information that you submit to Ford and as further described below. You are solely responsible for your User Submissions and the consequences of posting or publishing your User Submissions. As your User Submissions may be publicly displayed, many people from around the world will be able to see your postings as well as any comments you make. Ford does not share, sell, or rent personally identifiable information with third parties for their own use without providing you a choice. By submitting your email you agree that Ford and its third party service providers may use you email address to contact you about your User Submission or for other administrative purposes. Examples of User Submissions that will not be considered (Excluded Items) are:
(a) confidential information of any type;
(b) product styling or design ideas;
(c) product name, slogan or logos ideas;
(d) advertisements or marketing proposals (commercials, songs, etc.);
(e) business methods or ways of conducting our business (restructuring, acquisitions, etc.); and
(f) submissions that Ford, in its sole discretion, deems inappropriate for any reason (such as those that contain profanity, sexually explicit language, defamatory remarks, threats, etc.).
16. Ford Rights to User Submissions
By submitting a User Submission, you grant to Ford an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license (sub-licensable through multiple tiers) to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works, adapt, combine with other ideas or works, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Ford deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any vehicle, technology, product, or service). Ford reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. By accepting these Terms and Conditions you declare your understanding and acceptance of Ford’s right to display advertisements in connection with User Submissions for advertising and promotional purposes. Ford may, but is not obligated to, pre-screen User Submissions or monitor any area of the website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions.
17. Consulting
Ford does not act in a consulting capacity. We are not obligated to provide you with an explanation for any decision regarding your User Submission. This applies to the original posting or any comments you make as well as to anything you later disclose, orally or in writing. We assume no obligation to tell you something we already knew or have discovered since your User Submission.
Part 2 – Ford Owner App Privacy Statement
1. General Statement:
Ford Motor Company (“Ford”, “us,” “it,”’ “we” or “our”) respects your privacy and is committed to protecting it. This privacy statement explains Ford’s policies and practices regarding online customer information. It is through this disclosure that Ford intends to provide you with a level of comfort and confidence in how it collects, uses, and safeguards personal and other information it collects or that you provide through this App, and how you can contact us if you have any questions or concerns. It is our sincere hope that by explaining our data handling practices that Ford will develop a trusting and long-lasting relationship with you. By using the App, you agree to the terms of this privacy statement.
2. Information About Our Organization and App and General Data Collection Practices:
This Privacy Statement applies to the Ford Owner App. The Ford Owner App is owned by Ford Motor Company, Marketing, Sales and Service Division, 16800 Executive Plaza Drive, Dearborn, MI 48126.
The business purpose of this App is to provide Ford vehicle owners a tool that aggregates resources for convenience, savings, and vehicle maintenance. The App leverages existing Ford websites to provide additional content and functionality. The Ford Owner App provides access to SYNC product information including SYNC software and support documentation and the ability to manage your SYNC and Vehicle Health Report accounts and setting preferences, and access to recall information. The App also provides a parking reminder feature.
3. Personally Identifiable Information Ford Collects From You:
When you use Ford Owner App Ford will not collect any personally identifiable information about you unless you provide it voluntarily. For purposes of this Privacy Statement, personally identifiable information is information that identifies you as an individual such as your name, street address, telephone number, and email address (and credit card number if you place an order). If you opt not to provide personally identifiable information you can still access the App, however you may be unable to create log-in credentials to access certain pages on this website, participate in certain promotions, receive product information, have a purchase order fulfilled, or activate or use a service,
Ford’s primary goal in collecting personally identifiable information from you when you use Ford Owner App is to provide you the functionality and services that you need to have a meaningful and customized experience while using the App features.
This App may use session and persistent “cookies” to collect personally identifiable information in order to verify log in credentials. An explanation on collection methods and how they work is included in Section 7 – Methods to Collect Information below.
4. How Ford Uses the Personally Identifiable Information Collected:
Personally identifiable information collected on Ford Owner App may be used to:
- Fulfill an App user request (e.g., create log-in credentials, brochure fulfillment, lead generation, to send marketing or promotional materials including emails)
- Fulfill and deliver an order for goods or services
- Respond to your comments or requests for information
- Meet a request for or to develop new products or services
- Make the user experience more customer friendly
- Contact you if necessary in the course of processing or shipping an order for products or services
- Generate App analytics that improve App layout, content, product offerings and services
- Compile user data that is stored in Ford’s corporate database and may be used for marketing and other purposes
- Match personal data collected here with data about you that Ford has collected through other sources
- Comply with legal requirements
Ford Owners may send push notifications to your mobile device, if you elect to receive notifications via the device’s operating system. Such notifications are intended to be read in a safe manner, such as when the vehicle is not moving. Do not read messages while driving. You agree to comply with all applicable federal, local and provincial or state laws.
a. Push Notifications Opt-in
Based on the notifications preferences that you select upon or after registering your account, Ford Owners may send Push Notifications to your registered mobile device. By enabling Push Notifications you:
- certify that you
- are the mobile phone account holder or
- have the account holder's permission to do so and,
- expressly consent to Ford Owners sending and you receiving push notifications in accordance with these Terms and Conditions, including the Ford Owners Privacy Statement.
b. Push Notifications Opt-Out
You may opt-out of receiving Ford Owners App push notifications by turning them off in your device’s settings or by turning off notifications in the App.
5. Other (Non-Personally Identifiable) Information Collected From App Users:
Ford Owner App collects other non-personally identifiable information from App users. This means that these items are not tracked on an individual basis that identifies the App user, but rather information is gathered and collected on an aggregate [or anonymous] basis that includes all App users. Non-personally identifiable information includes tracking the App pages that are visited or the amount of time spent on the App.
This App may collect additional non-personally identifiable information which may include the type/model of the mobile device viewing the App and the mobile device’s service provider and operating system.
If your mobile device has the capability and the GPS feature on the mobile device is turned on, you can utilize certain locator functionalities on the App which may utilize GPS data to determine your location in order to fulfill your request.
The primary goal in collecting non-personally identifiable information from you is to be able to perform App metrics that allow Ford to improve the functionality of the App.
Ford may use session and persistent “cookies,” session logs, spotlight ads/web beacons/GIF/pixel tags, banner ads or links, and third-party click tracking analytics tools (such as Omniture tags) to collect aggregate or other non-personally identifiable information about App users. An explanation for each of these items and how they work is included in Section 7 - Methods to Collect Information below.
6. How Ford Uses the Aggregate or Non-Personally Identifiable Information Collected:
Non-Personally identifiable information collected on Ford Owner App may be used to:
- Compile aggregate and statistical data to help in App design and to identify popular features
- Measure App activity to allow Ford to update our App to better meet user wants and needs
- Make the user experience more customer friendly
Ford Owner App utilizes non-personally identifiable information for the purpose of performing analytics on the user’s experience while using this App. This analysis:
- Is performed on an aggregate level and does not identify you or your information personally
- May involve the use of a third-party vendor acting on behalf of Ford Owner App
- Is performed in order to improve the App and the user experience
- May include the use of session and/or persistent cookies to track user movement across this and other Ford Motor Company Apps or websites or to track other events within or across this App and other Ford Motor Company websites
7. Methods to Collect Information:
A “cookie” is a small text file that helps us in many ways to make your visit to a website or use of an App more enjoyable and meaningful to you. For example, cookies avoid you having to log in every time you come back to a website or App. They also allow Ford to tailor a website or App or advertisement to better match your interests and preferences. There are a couple different types of cookies.
A “session” cookie is stored only in your computer’s working memory (RAM) and only lasts for your browsing session. When you close all your browser’s windows, or when you shut down your computer, the session cookie disappears forever.
A “persistent” cookie is stored on your computer’s hard drive until a specified date, which could be tomorrow, next week, or 10 years from now. Persistent cookies stay on your computer until either a) they expire, b) they are overwritten with newer cookies, or c) you manually remove them. Most browsers can be configured not to accept cookies, however, this may prevent you from having access to some site or App functions or features.
This App may use third-party click tracking analytics tools (such as Omniture tags) to capture clickthrough statistics. These parties may collect information about your use of the App and across different Apps and sites over time.
Ford Owner App may use spotlight ads/web beacons/GIF/pixel tags which are App instrumentation tools that help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. Emails or electronic newsletters we send may use tools (e.g., pixel tags or web beacons) to gather email metrics and information to improve the reader’s experience such as how many of the emails are opened, if they were printed or forwarded, the type of device (e.g., mobile or PC) from which they were opened, and the city, state, and county associated with the applicable IP address. In general, any electronic image viewed as part of a webpage, including an ad banner, can act as a web beacon.
This App may generate a “session log” when you utilize the app. Session logs are used to help us determine how people travel through sites or Apps. In this way, pages can be structured so that the information most frequently visited is easier to find. By tracking page visits, it can also be determined if the information provided is being used.
This App may utilize app embedded tools that help us in many ways to make your visit to this App more enjoyable and meaningful to you. For example, device identifiers that allow Ford to tailor the App to better match your preferences and avoid repeated activities.
8. Sharing Your Information:
Ford Owner App does not share, sell, or rent personally identifiable information with independent companies for their own use without providing you a choice.
Personally identifiable information that you provide to Ford in the course of using the App features or requesting a product or service through this App may be gathered and stored in one or more of Ford’s corporate databases and be used for purposes of contacting you for things like promotional offers, marketing programs, or other communications from this App or other Ford Motor Company programs and services.
Ford may share personally identifiable information that is collected about you with other companies within the Ford Motor Company family of companies or subsidiaries. Ford’s “family of companies” is the group of companies related by common control or ownership. Ford shares information within this “family” as a normal part of conducting business and offering products and services to our customers.
Personally identifiable information that you provide to Ford Owner App may be shared with Ford’s authorized dealers. This is necessary, such as, in order to honor your request for a price quote on a vehicle or in order to provide a dealer with information for purposes of contacting you in their regular course of business. The dealer is not restricted by Ford Owner App in their use of your data.
Vendors, contractors or partners of Ford Owner App who have access to your personally identifiable information in connection with providing services for Ford Owner App are required to keep the information confidential and are not permitted to use this information for any other purpose than to carry out the services they are performing for Ford Owner App.
App metrics for Ford Owner App may be shared with other Ford Motor Company websites or Apps or subsidiaries or affiliates.
Ford Owner App will disclose your personally identifiable information, without notice, if (1) in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ford Motor Company, its affiliates or the site or App; (b) protect and defend the rights or property of Ford Motor Company, its affiliates or this site or App; or (c) act under exigent circumstances to protect the personal safety of Ford Motor Company or affiliate personnel, users of their websites or Apps, or the public; or (2) if required to do so by law.
9. Security of Your Information:
Safeguarding information of visitors to Ford’s websites or users of its Apps is important to us. Ford uses systems, policies and procedures to maintain accuracy of information and to protect information from loss, misuse or alteration.
When you send personally identifiable information, such as email address or telephone numbers, to Ford Owner App “Secure Socket Layers” or SSL is used to protect your data. SSL is encryption technology that helps safeguard your personally identifiable information against misuse by unauthorized individuals.
Vendors, contractors or partners of Ford Owner App who have access to your personally identifiable information in connection with providing services for Ford Owner App are required to keep the information confidential.
Vendors are not permitted to use this information for any other purpose than to carry out the services they are performing for Ford Owner App.
10. Processing of Personal Data:
By using this App and by providing your personally identifiable information to Ford, you understand and consent to the collection, use, processing, transfer, and disclosure of your personally identifiable and non-personally identifiable information globally --- including to the United States – in accordance with this Privacy Statement. Therefore, by using this App and by providing such information, you consent to the transfer of such information across country borders, and to the use, processing, and disclosure of such information in global locations. Your consent shall be deemed to include your consent to transfer of the personally identifiable or non-personally identifiable information to locations that may have different levels of privacy protection than in your own country.
11. Links to Other Apps:
Ford Owner App may provide links to other websites or Apps. You are encouraged to review the privacy statements of all sites or Apps that you visit or download, including those whose links are provided so that you can understand how those sites or Apps collect, use and share your information. Ford Owner App is not responsible for the privacy statements, content or data handling practices on other websites or Apps.
This App also provides dealer and vehicle locator services which are provided by a third party mapping provider. In order to provide you with the closest dealers or the location of your vehicle, the App may need to collect the IP address to determine your general location, or it may ask you to provide location information such as zip/post code or City and State. If the GPS functionality on your mobile device is turned on (if it has such capability), the App may utilize GPS data to determine your location in order to fulfill your request for the location of a dealer. When the map is utilized for the dealer locator service, the third party mapping provider may be provided a zip/post code. By using the locator services you agree to be bound by the third party mapping provider’s terms of service or use and its privacy policies.
12. Children’s Privacy:
Ford Owner App does not knowingly intend to collect personally identifiable information from children under 13 years of age.
If a child has provided personally identifiable information a parent or guardian of that child may contact Ford at the phone number or mailing address listed in section 14 if they want this information deleted from Ford’s records. Ford will then make reasonable efforts to delete the child’s information from the database that stores information for Ford Owner App.
13. Contacting Us:
If you have any questions, comments or concerns about this online privacy statement for Ford Owners App, Ford Owners App privacy practices, or have any questions regarding the contents of this App please contact us by emailing: wnerapp@ford.com.
Ford Owners App is committed to working with consumers to obtain a fair and rapid resolution of any complaints or disputes about privacy and the handling of your data. Ford Owners App will be happy to respond to your questions and comments.
14. Privacy Statement Effective Date and Revision Days:
Occasionally this privacy statement may be updated in order to reflect any changes to the App or privacy practices. If this statement is updated, the new statement will be posted to the App ten (10) days prior to the changes taking effect.
The effective date of this privacy statement is May 15, 2015
Part 3 – Country Unique Terms and Conditions
The General Terms and Conditions set forth in Part 1 and the Privacy Statement set forth in Part 2 shall apply to this App unless specifically modified by the Country Unique Terms and Conditions set forth below. To the extent the General Terms and Conditions or the Privacy Statement conflict with the Country Unique Terms, the Country Unique Terms shall apply in the applicable Country.
Part 1.
United States App and Pricing (Section 5): The last paragraph is amended in its entirety by the following:
If vehicles are depicted in this App, it in no way constitutes an offer to buy or sell vehicles from Ford or to provide financing or leasing. Any prices, product specifications and all other information shown on this App are for information purposes only, are subject to change at any time without obligation, may vary from state to state, and may not be completely up to date or accurate. Most pricing of the vehicles refers to the Maximum Retail Price Manufacturer’s Base Price (“Base Price” also sometimes called “Base MSRP” or “Ex-Showroom Price”), which, unless otherwise indicated, excludes, insurance, destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, or environmental charges or fees, any industry specific fee, any applicable consumer rebates or incentives, and the cost of any dealer added options. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, insurance, incentive, lease or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual dealers set the actual transaction price. If you subscribed to receive push notification for Ford, you will receive various offers or schemes or discounts on parts or accessories or extended warranty products or other products. Any prices, product specifications and all other information shown on this App are for information purposes only, are subject to change at any time without obligation, may vary from state to state, and may not be completely up to date or accurate. Most pricing of parts or accessories or any other product refers to Maximum Retail prices inclusive of all taxes at Delhi only. Contact your local selected dealer for the actual price of any vehicle or parts or accessories or any other product and any applicable terms and conditions that may apply.
User Generated Content (Section 15): This Section is deleted in its entirety.
Ford Rights to User Submissions (Section 16): This Section is deleted in its entirety.
Part 2.
Ford Owners App Privacy Statement: This Section is replaced in its entirety with the following:
1. Introduction
1.1. Ford Motor Company of Australia Limited ABN 30 004 116 223 (“Ford”, “we”, “our” and “us”) is committed to responsible privacy practices and to complying with the Privacy Principles contained in the Privacy Act 1988 (Cth) (“Privacy Act”). Where applicable, Ford will handle personal information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation.
1.2. This Privacy Policy sets out our policies on the management of personal information including how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed.
1.3. Authorised Ford Dealers (“Dealers”) are independent entities and not related to Ford and may have privacy policies which differ from ours. Dealers are responsible for their own privacy policies and privacy practices. Please contact your Dealer directly for further information.
1.4. We may change our Privacy Policy from time to time at our discretion. At any time, the latest version of our Privacy Policy is available from our website at www.ford.com.au or from our Customer Relationship Centre.
2. What is personal information?
2.1. In this Privacy Policy, “personal information” has the meaning set out in the Privacy Act. Essentially, personal information is information or an opinion about an individual who is reasonably identifiable.
3. What types of personal information does Ford collect?
3.1. The types of personal information Ford collects from you depend on the circumstances in which the information is collected.
3.2. Ford may collect contact details including your name, address, email address and phone and fax numbers.
3.3. Where relevant, Ford may also collect your driver’s licence and registration details, date of birth or age group, occupation, gender, information about your vehicle (including its number plate and vehicle identification number), answers you provide to questions we ask and other information in relation to your dealings with Ford or Dealers (such as types of vehicle purchased and replaced and repair/service history).
3.4. If you are an individual contractor to Ford, in addition to the information referred to in section 3.3 we may collect information relevant to your engagement with Ford including qualifications, length of engagement, resume, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of Ford equipment (e.g. phones, computers and vehicles). A reference to an individual contractor in this document includes those individuals who perform work for Ford under a “purchased service” arrangement. If you are employed by or contracted to a Dealer, we may also collect and maintain training records about you.
3.5. When using the Ford website, we may collect web site usage information such as the IP address you are using, the name of your Internet service provider, your browser version, the web site that referred you to us and the next website you go to, the pages you request, the date and time of those requests and the country you are in. Except where you provide it to us via the website, we do not collect personal information such as your name, mailing address, email address or phone number when you are browsing our website.
3.6. Ford does not generally require customers to disclose any sensitive information (e.g. details of race, religious beliefs, sexual orientation, health information etc.) to us. In limited circumstances, we may require prospective employees, individual contractors and Dealer personnel to provide us with certain health information. See section 10 of this Privacy Policy for further details.
3.7. If you do provide sensitive information to us for any reason (for example, if you provide us with information about a disability you have), you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.
3.8. Occasionally, sensitive information in relation to an individual’s membership of a trade or similar association may be provided to us but we do not actively seek this information. We will only use and disclose that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.
personal information as otherwise permitted or required by law.
4. How do we collect your personal information?
4.1. Ford collects personal information in a number of ways. The most common ways we collect your personal information are:
- directly from you when you provide it to us or our agents or contractors (e.g. via our Customer Relationship Centre);
- via Dealers from which you purchase Ford related goods or services
- via our website or when you deal with us online (including through social media);
- via our market research agencies;
- when you enter a competition or promotion;
- if you are an individual contractor to Ford, from your employer or recruitment agency;
- if you are employed by or contracted to a Dealer, from that Dealer;
- via the SYNC owners forum;
- from publicly available sources;
- from our related companies; and
- from third parties (for example, from referees if you apply for a position as an employee or contractor with us).
5. For what purposes do we collect, use and disclose your personal information?
5.1. The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your personal information.
5.2. We may 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.
5.3. In general we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations.
5.4. Some of the specific purposes for which we collect, use and disclose personal information are as follows:
- to facilitate your request for a brochure or test drive, to add you to a mailing list or to respond if you request information (including via the Ford website or via an email you send to us);
- to record and maintain the details of your purchase of a Ford vehicle for warranty purposes or your purchase of a "myFord" product or service for administration purposes;
- to keep track of the repairs and servicing of your Ford vehicle by Dealers;
- to facilitate the provision of roadside assistance and other services you acquire from us, Dealers or our agents or contractors;
- to inform you in the event of a field service action, for example a recall, affecting your Ford vehicle;
- to issue service reminders;
- to improve our products and services;
- to contact you (directly or through our service providers and marketing research agencies) to obtain your feedback and to find out your level of satisfaction with our products, services and Dealers through surveys;
- to report to and evaluate Dealers;
- to verify your identity;
- to facilitate your entry and participation in a competition or trade promotion;
- to consider you for a job at Ford (whether as an employee or contractor) or other relationships with us;
- to provide goods or services to you or to receive goods or services from you;
- to address any issues or complaints that we or you have regarding our relationship; and
- to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.
5.5. We may also use and disclose your personal information for the purpose of direct marketing to you where:
- you have consented to us doing so; or
- it is otherwise permitted by law.
5.6. Direct marketing involves communicating directly with you for the purpose of promoting goods or services to you and to provide you with special offers from Ford or its Dealers. Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS. You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 15 of this Privacy Policy). If you wish to unsubscribe from direct marketing you have received from a Dealer, please contact that Dealer directly.
6. What happens if you don't provide personal information?
6.1. Generally, you have no obligation to provide any personal information requested by us. However, if you choose to withhold requested personal information, we may not be able to provide you with the products and services that depend on the collection of that information.
6.2. As an example, if we did not collect personal information about your new vehicle purchase, we would be unable to notify you directly of a product recall affecting your vehicle.
7. To whom do we disclose personal information?
7.1. We may disclose your personal information to third parties in connection with the purposes described in section 5 of this Privacy Policy.
7.2. This may include disclosing your personal information to the following types of third parties:
- Dealers;
- our related companies;
- our contractors (including mailing houses, marketing agencies, insurance providers, website and data hosting providers and other IT suppliers);
- other persons who perform services for, or in connection with, us (including to facilitate the delivery of purchases, to provide roadside assistance, to autoclubs, for electronic direct mailing, for credit card payment authorisation, for trend analysis, for market research, for promotions and for the provision of statistical sales information to industry bodies);
- companies who may use your personal information in order to tailor electronic advertising to you (e.g. on a webpage) in relation to our products and services;
- our accountants, insurers (including those that provide extended warranties), lawyers, auditors and other professional advisers;
- if you are an individual contractor to Ford, to your employer or agency in relation to the performance of your work with Ford;
- if you are an individual contractor to Ford or a prospective employee, to our medical service providers for any medical assessments or in relation to any health or safety incidents and to HR related service providers (e.g. for background checks, screening or aptitude testing);
- any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
- 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;
- third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
- otherwise as permitted or required by law.
7.3. Where we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Privacy Principles under the Privacy Act, e.g. by (where commercially practical) including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.
7.4. 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.
8. Does personal information leave Australia?
8.1. Some of the third parties to whom we disclose personal information may be located outside Australia. For example, we may disclose personal information to our related companies overseas and to our overseas service providers.
8.2. The countries in which these third parties are located will depend on the circumstances. In the ordinary course of business we commonly disclose personal information to parties located in the United States, India, China and Singapore (where our Ford group data and business centres are located). Except where an exception applies under the Privacy Act, we will take reasonable steps to ensure that such overseas recipients do not breach the Privacy Principles in the Privacy Act in relation to such information.
9. How do we protect personal information?
9.1. Ford will take reasonable steps to keep any personal information we hold about you secure. 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.
9.2. Your personal information will not be “sold” by Ford to any other organisation for that organisation's unrelated independent use.
10. What about information you provide in job applications?
10.1. If you submit a job application to Ford, we will use the information provided by you to assess your application. Ford may disclose the information contained in your application to contracted service providers for purposes such as screening, aptitude testing, medical testing and human resources management activities.
10.2. As part of the application process or (if you are successful in being employed by Ford) after you commence employment with Ford, you may be required to complete a health questionnaire. You may also be asked to undergo a medical assessment. In that case, you will be asked to give specific consent for Ford to disclose your questionnaire to its service providers for the purposes of the medical assessment and for the relevant service providers to disclose the results of the assessment to Ford.
10.3. If you refuse to provide any of the information requested by Ford, or to consent to Ford disclosing your questionnaire to its service providers for the purpose of a medical assessment or to the disclosure of the results of your medical assessment to Ford, we may be unable to consider your application (or if you have been successful in being employed by Ford, we may not be able to consider you for particular roles or positions within Ford).
10.4. Ford will handle health information in accordance with applicable laws and our Health Information Policy.
10.5. Ford may also ask you whether you agree to your personal information being provided to appropriate Ford suppliers so that you may be considered for positions with those suppliers which are relevant to your qualifications and experience.
11. Is the personal information we hold accurate?
11.1. We endeavour to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly (e.g. from a Dealer).
11.2. We encourage you to contact us if the personal information we hold about you is incorrect or to notify us of a change in your personal information. Our contact details are set out in section 15 of this Privacy Policy.
12. Links, cookies and use of the Ford website
12.1. The Ford website contains links to other sites. This Privacy Policy applies to the Ford website and not any linked sites. We encourage you to read the privacy policies of each website that collects your personal information.
12.2. Ford uses technology such as "cookies", "pixel tags" and java code on Ford websites and in emails you have agreed to receive from us. The use of "cookies", "pixel tags" and java code is an industry standard, and helps us monitor the effectiveness of our advertising and how visitors use the Ford websites. A "cookie" is a small data element stored by your web browser on your computer system. If selected by you, the Ford websites will store your username and password in a "cookie" to enable you to be automatically logged in when you return. Ford website "cookies" do not store your email address or other personal information about you.
12.3. We use this technology to generate statistics and measure site activity to improve the usefulness of customer visits. During normal website usage we do not collect or store personal information such as your name, mailing address, email address or phone number.
12.4. Each time you access Ford websites, the Ford server may deliver certain customised information, including ads, to you based on the data stored in your cookie. Third party vendors may show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our website and other Internet activity. Ford may also use analytics data supplied by third party vendors to inform and optimise our ad campaigns.
13. How you can access and correct personal information we hold about you
13.1. You may seek access to personal information which Ford holds about you by contacting us as described in section 15 of this Privacy Policy. We will provide access to that information in accordance with the Privacy Act, subject to certain exemptions which may apply. We may require that the person requesting access provide suitable identification and where permitted by law we may charge an administration fee for granting access to your personal information.
13.2. If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please contact Ford (see section 15 of this Privacy Policy).
13.3. If you wish to access, correct or update personal information held by a Dealer, or unsubscribe from direct marketing from the Dealer, please contact that Dealer directly.
14. Queries, comments and complaints about our handling of personal information
14.1. If you have any questions, concerns or complaints about our collection, use or disclosure of personal information, or if you believe that we have not complied with this Privacy Policy or the Privacy Act, please contact us (see section 15 of this Privacy Policy).
14.2. When contacting us please provide as much detail as possible in relation to your question, concern or complaint.
14.3. Ford will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
14.4. If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner.
15. Contact details
15.1. Please address all privacy complaints to:
Attention: Privacy Officer
Ford Motor Company of Australia Limited
Private Mail Bag 6
Campbellfield VIC 3061
OR
foacust1@ford.com
15.2. If you wish to seek access to or correct or update any personal information we hold about you, or to unsubscribe from or change your contact preferences in relation to our direct marketing, you can also contact us as follows:
- phone the Ford Customer Relationship Centre on 13FORD (13 36 73);
- fax the Ford Customer Relationship Centre on (03) 9929 3075; or
- email us at email us at foacust1@ford.com.
Acknowledgements
The Ford Owner App may include the following licensed software.
(C) International Organization for Standardization 1986 Permission to copy in any form is granted for use with conforming SGML systems and applications as defined in ISO 8879, provided this notice is included in all copies. This has been extended for use with HTML to cover the full set of codes in the range 160-255 decimal.
This App may include software licensed under the Apache 2.0 license and developed by the following:
Copyright 1999-2014 Apache Software Foundation
Copyright (C) 2012-2013 Square, Inc.
Copyright (C) 2010-2012 The Android Open Source Project
@author Alexander Y. Kleymenov
With parts by Mark Miller, Copyright (C) 2011 Google Inc.
Copyright 2012 FasterXML.com
Copyright 2002-2010, The Apache Software Foundation and other contributors
Copyright 2008, The Android Open Source Project
Copyright (C) Microsoft Open Technologies, Inc.
Copyright 2008-2011 Google Inc.
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at https://www.apache.org/licenses/LICENSE-2.0.
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS-IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
This App may include software licensed under the BSD-style license and developed by the following:
Copyright (C) 2012, Artur Adib All rights reserved.
Copyright (C) 2001-2005, David N. Main, All rights reserved.;
Stdint.h, Copyright (C) 2006-2008, Alexander Chemeris;
LodePNG, Copyright (C) 2005-2013 Lode Vandevenne.
BSD-style License:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This App may include software licensed under the MIT license and developed by the following:
Copyright (C) 2010 Ryan McGrath
Copyright (C) 2012 Artur Adib
Copyright 2009–2013 Kristopher Michael Kowal. All rights reserved.
With parts by Tyler Close, Copyright 2007-2009 Tyler Close
Copyright 2009, 2010, 2011 Isaac Z. Schlueter. All rights reserved.
Copyright (C) 2001 – 2010, The SCons Foundation
Copyright (C) 1998-2003 Daniel Veillard and other contributors. All Rights Reserved.
Copyright (C) 1998 - 2001 Bjorn Reese breese@users.sourceforge.net
Copyright (C) 2000 Bjorn Reese and Daniel Veillard.
Copyright (C) 2000 Gary Pennington and Daniel Veillard.
MIT License:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Copyright 2009 Matt Gallagher. All rights reserved.
Ford Australia Terms and Conditions
Part 1 - Terms and Conditions
1. General Information
This Application (“App”) is owned by Ford Motor Company, 1 American Road, Dearborn, Michigan 48126 United States of America (hereinafter "Ford") and the content on the App is owned by Ford or its affiliated companies and by affiliates and third parties that post on the App through a license from Ford, but for whom Ford assumes no direct responsibility. Please read these Terms and Conditions, as they, together with any additional terms to which you agree when using particular elements of the App, constitute the entire agreement regarding the App and set forth the legally binding terms governing your visit to this App. These Terms and Conditions apply to all persons who use this App, regardless of your level of participation. Use of this App by Ford employees, including contract, agency and supplemental, is completely voluntary and will have no impact on your employment. Time spent using the App outside of work hours is not compensable. If you have questions, please talk with your supervisor before downloading or registering for this App. Use of this App requires your acceptance of the legal terms under which it is offered, including Part 1- General Terms and Conditions and Part 2 – Ford Owner App Privacy Statement (“Privacy Statement”). Together, Part 1 and Part 2 constitute the “Terms and Conditions.” The General Terms and Conditions set forth in Part 1 and the Privacy Statement set forth in Part 2 apply to all Apps. By using this App you agree that you have read, understand and accept the Terms and Conditions and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. You acknowledge these Terms and Conditions are a binding and enforceable agreement between you and Ford. You acknowledge your app store provider is not a party to this agreement but agree that it and its subsidiaries are third party beneficiaries of this agreement’s Terms and Conditions, giving your app store provider and its subsidiaries the right (and will be deemed to accept the right) to enforce these Terms and Conditions against you as the end-user of the App. By using this App, you also agree that you will not use this App for any purpose that is unlawful or in contravention of these Terms and Conditions. Ford and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this App. Continued use of this App following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Ford may cease all or part of the App at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions please do not use the App.
2. Fees
You are responsible for any fees incurred in connection with your use of this App. Your mobile phone carrier may charge you access or data fees for your use of their services in connection with data transmission. Contact your data carrier for more information regarding data rates and fees.
3. System Requirements/
Updates/Changes/Cancellation
Use of this App requires a compatible mobile telephone or handheld device which is compatible with the App, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the App involves hardware, software, and internet access, your ability to use the App may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. This App is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee your access to the App. The version of the App software may be upgraded from time to time to add support for new functions and services, improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. If you have permitted automatic updates, you agree to receive such updates as part of your use of this App. You acknowledge that your app store provider has no obligation whatsoever to furnish any maintenance or support services to you respecting this App. To the fullest extent permitted by applicable law, Ford reserves the right, in its sole discretion, to change, improve, correct, modify, suspend, discontinue or permanently cancel the operation of this App or portions thereof at any time without any notice to you, without incurring any obligations. Your use of this App after any changes are posted will be considered acceptance of such changes. The App may not be available during maintenance breaks and other times.
4. User Control and Uninstall
Uninstallation methods vary depending on your device. To uninstall this App, please use the application manager provided with your device or consult your device manual for reference.
5. United States App and Pricing
Ford operates this App from Michigan, United States of America (“U.S”). You agree that all notices, legal documents, proceedings, etc. will be in the English language. Materials and information provided on or through the App, including but not limited to prices, features, products or services, may not be appropriate for or available outside the U.S. If you choose to access the App from outside the U.S., you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the App. Further, because Ford is based in the U.S., you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties. If vehicles are depicted in this App, it in no way constitutes an offer to buy or sell vehicles from Ford or to provide financing or leasing. Any prices, product specifications and all other information shown on this App are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Most U.S. pricing refers to the Manufacturer’s Base Price (“Base Price” also sometimes called “Base MSRP”), which, unless otherwise indicated, excludes destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, or environmental charges or fees, any industry specific fee, any applicable consumer rebates or incentives, and the cost of any dealer added options. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, incentive, lease or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual dealers set the actual transaction price. Contact your selected dealer for the actual price of any vehicle and any applicable terms and conditions that may apply.
6. Depiction of Vehicles
Any vehicles shown on this App are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. The actual vehicles offered in your market may be different. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose. Vehicle availability may be limited and vehicles shown may not be available in all markets. Ford reserves the right to change any detail regarding the specification, prices, components, colors, and product availability without prior notice.
7.Third Party Information
This App may contain links to third-party websites that are not owned or controlled by Ford, including but not limited to links to websites for Ford dealers (Third Party Websites). Ford has no control over and, to the fullest extent permitted by applicable law, assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites. In addition, Ford will not and cannot censor or edit the content of any Third Party Website. By clicking on links, you expressly relieve Ford from any and all liability arising from your use of any Third Party Website, or from the content of any Third Party Website. When using a Third Party Website, you should be aware of when you leave Ford's App and read the terms and conditions and privacy policy of each Third Party Website that you visit.
8. Limited Licenses
Unless and to the extent indicated otherwise, the App and Materials (including past, present and future versions) and all content that is included in, on or that are otherwise a part of the App and/or Materials are owned, controlled or licensed by Ford, its subsidiaries or affiliates. The contents of the App and Materials, including the selection, coordination and arrangement of the App and Materials, are protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights, laws and treaty provisions whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws worldwide in your use of this App and Materials and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Ford does not grant any express or implied right to you under any patents, trademarks or copyrights. Subject to your continued compliance with these Terms and Conditions, Ford grants you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to this App and the Materials for your personal, non-commercial use only. Ford authorizes you to download the Materials and App only for your personal, non-commercial use. All rights, title and interest in the App and Materials not expressly granted to you in these Terms and Conditions are reserved by Ford and its subsidiaries and affiliates, and/or its licensors. You agree not to dispute Ford's claims of ownership or validity of its rights in the Materials on this App. These Terms and Conditions shall extend from the date you install this App until terminated by you (when you uninstall this App) or Ford. Ford may suspend or terminate any and all of your rights and authorization at any time for any reason. If you violate any of the Terms and Conditions, your rights under this Section will immediately terminate and Ford may terminate your access to the App without notice and without any refund of fees, if applicable. Any right or authorization granted to you by Ford is subject to the following obligations and restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
- You may not copy, reprint, modify, distribute, translate, port, publish, sublicense, assign, transfer, sell, lease or otherwise distribute the Materials in any way or reproduce or publicly display, perform, or otherwise use them for any public or commercial purpose;
- You may not , nor allow third parties to, commercially exploit the App, Materials nor underlying data, including without limitation, creating derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, create a database, systematically download, store any or all of the Materials from the App or websites, link or frame any portion of the Materials, extract, derive or attempt to extract or derive any source code or structure of all or any portion of the Materials or the App by reverse engineering, disassembly, decompilation or any other means;
- You may not transfer the Materials to any other person unless it is for that individual’s personal, non-commercial use and you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions;
- You may not use the App or Materials with other content or in a manner that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, nor may your use victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- You may not use the App or Materials with other content or in a manner that impersonates any person, business or entity, including Ford, its affiliated companies or affiliated third parties, and its and their employees and agents;
- You may not interfere, try to interfere, disrupt, or try to disrupt the Ford servers or networks, or disobey any network access or security requirements, policies, directives, procedures, or regulations of Ford;
- You may not use the App or Materials as a means to engage in conduct that reflects poorly upon, disparages or devalues Ford’s reputation or goodwill, as determined in Ford’s sole discretion; and
- You may not use the App or Materials with other content or in a manner that is in conjunction with adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol.
- If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer to the App or Features.
9. Other Conditions/Restrictions
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY APP OR WEBAPP, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE FORD’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FORD RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
This App is intended as a resource for people interested in Ford Motor Company products, projects and initiatives. This isn’t the place to address warranty or customer service questions or concerns or products sold by Ford Motor Company. If you have a question about a Ford Motor Company product, please contact Ford's Customer Relationship Center calling 1 800-392-3673 in the United States or 1 800-565-3673 in Canada during normal business hours.
10. Trademark Notice
The Ford name, and all trademarks and logos displayed on this App are owned or used under license by Ford. These trademarks include, but are not limited to, product brand names (e.g., Ford, Lincoln, Motorcraft), vehicle model names (e.g., Mustang, Fiesta, Focus), slogans (e.g., Built Ford Tough), and logos and emblems. The unauthorized use of any trademark displayed on this App is strictly prohibited.
11. Designated Agent for Copyright Notification
Ford will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe that any content on this App infringes your copyright rights, please contact Ford's designated agent for receiving such notifications in writing as follows:
Designated Agent:
Kara Tertzag Lividini
Suite E8029
330 Town Center Dr.
Dearborn, Michigan 48126
Email address: KTERTZAG@Ford.com
Phone number: 313-323-8559
Fax: 313-323-9006
In your communication, please include:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
- Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
- A statement that the information in your notification is accurate.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf. You acknowledge that if you fail to comply with all of the requirements of the above paragraph, your DMCA notice may not be valid. Please see 17 U.S.C.§ 512 for more information regarding the DMCA and DMCA notifications.
12. Indemnity and Hold Harmless
By using this App you agree that you will defend, indemnify and hold harmless Ford and its subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this App, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Ford reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Ford's defense of such claim. You acknowledge and agree that your app store provider has no responsibility or obligation in the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
13. Disclaimer
Ford may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time. NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS APP, OTHER WEBSITES PROVIDED BY FORD OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE APPS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE APPS.
This App and all the information it contains is provided for information purposes only on an "as is" and “as available” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Ford, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the App, the information, Materials, content, availability, and products. To the fullest extent permitted by applicable law, Ford disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. In the event this App fails to conform to any applicable warranty, you may notify your app store provider, and it may refund the purchase price for the App to you and that, to the maximum extent permitted by applicable law, it will have no other warranty obligation whatsoever with respect to the App. You acknowledge that your app store provider is and will not be responsible for addressing any claims by you or a third party relating to the App or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FORD'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS APP AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FORD, ITS INFORMATION PROVIDERS AND THEIR AGENTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW FORD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB, APP, OR ANY HYPERLINKED WEBSITE OR APP, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FORD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER FORD, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
This section does not affect, and is not intended to affect, any rights that a consumer has that are not able to be excluded under applicable consumer laws. To the fullest extent permitted by law, any liability of Ford, its officers, Directors, employees, related entities, affiliates, shareholder, representatives or agents for breach of any such rights is limited to refunding the purchase price paid for this App.
14. Miscellaneous
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this App constitute the entire agreement regarding the App and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the App or the services provided on the App. This App is operated from Ford's offices in the United States of America. Unless and to the extent local law requires otherwise, these Terms and Conditions are governed by, and construed in accordance with, the laws of the State of Michigan, except in relation to any conflict of law provisions thereof which would require application of another choice of law. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Ford's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Unless local law mandates otherwise, all lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Wayne County, Michigan. If you have any questions, comments, or claims regarding this App you may contact us by finding your local contact information by going to this website https://corporate.ford.com/our-company/country-websites. , or contacting us in the US at:
Telephone 800-392-3673, 800-232-5952 (TDD for the hearing impaired)
Available 8:00 am - 5:00 pm EST Monday - Friday
Mailing Address Ford Motor Company Customer Relationship Center P.O. Box 6248 Dearborn, MI 48126
15. User Generated Content
If this Application allows you to submit information to Ford, ( “User Submissions”) you understand and agree that your User Submissions will not be treated in confidence by Ford except as provided herein with respect to personally identifiable information that you submit to Ford and as further described below. You are solely responsible for your User Submissions and the consequences of posting or publishing your User Submissions. As your User Submissions may be publicly displayed, many people from around the world will be able to see your postings as well as any comments you make. Ford does not share, sell, or rent personally identifiable information with third parties for their own use without providing you a choice. By submitting your email you agree that Ford and its third party service providers may use you email address to contact you about your User Submission or for other administrative purposes. Examples of User Submissions that will not be considered (Excluded Items) are:
(a) confidential information of any type;
(b) product styling or design ideas;
(c) product name, slogan or logos ideas;
(d) advertisements or marketing proposals (commercials, songs, etc.);
(e) business methods or ways of conducting our business (restructuring, acquisitions, etc.); and
(f) submissions that Ford, in its sole discretion, deems inappropriate for any reason (such as those that contain profanity, sexually explicit language, defamatory remarks, threats, etc.).
16. Ford Rights to User Submissions
By submitting a User Submission, you grant to Ford an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license (sub-licensable through multiple tiers) to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works, adapt, combine with other ideas or works, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Ford deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any vehicle, technology, product, or service). Ford reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. By accepting these Terms and Conditions you declare your understanding and acceptance of Ford’s right to display advertisements in connection with User Submissions for advertising and promotional purposes. Ford may, but is not obligated to, pre-screen User Submissions or monitor any area of the website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions.
17. Consulting
Ford does not act in a consulting capacity. We are not obligated to provide you with an explanation for any decision regarding your User Submission. This applies to the original posting or any comments you make as well as to anything you later disclose, orally or in writing. We assume no obligation to tell you something we already knew or have discovered since your User Submission.
Part 2 – Ford Owner App Privacy Statement
1. General Statement:
Ford Motor Company (“Ford”, “us,” “it,”’ “we” or “our”) respects your privacy and is committed to protecting it. This privacy statement explains Ford’s policies and practices regarding online customer information. It is through this disclosure that Ford intends to provide you with a level of comfort and confidence in how it collects, uses, and safeguards personal and other information it collects or that you provide through this App, and how you can contact us if you have any questions or concerns. It is our sincere hope that by explaining our data handling practices that Ford will develop a trusting and long-lasting relationship with you. By using the App, you agree to the terms of this privacy statement.
2. Information About Our Organization and App and General Data Collection Practices:
This Privacy Statement applies to the Ford Owner App. The Ford Owner App is owned by Ford Motor Company, Marketing, Sales and Service Division, 16800 Executive Plaza Drive, Dearborn, MI 48126.
The business purpose of this App is to provide Ford vehicle owners a tool that aggregates resources for convenience, savings, and vehicle maintenance. The App leverages existing Ford websites to provide additional content and functionality. The Ford Owner App provides access to SYNC product information including SYNC software and support documentation and the ability to manage your SYNC and Vehicle Health Report accounts and setting preferences, and access to recall information. The App also provides a parking reminder feature.
3. Personally Identifiable Information Ford Collects From You:
When you use Ford Owner App Ford will not collect any personally identifiable information about you unless you provide it voluntarily. For purposes of this Privacy Statement, personally identifiable information is information that identifies you as an individual such as your name, street address, telephone number, and email address (and credit card number if you place an order). If you opt not to provide personally identifiable information you can still access the App, however you may be unable to create log-in credentials to access certain pages on this website, participate in certain promotions, receive product information, have a purchase order fulfilled, or activate or use a service,
Ford’s primary goal in collecting personally identifiable information from you when you use Ford Owner App is to provide you the functionality and services that you need to have a meaningful and customized experience while using the App features.
This App may use session and persistent “cookies” to collect personally identifiable information in order to verify log in credentials. An explanation on collection methods and how they work is included in Section 7 – Methods to Collect Information below.
4. How Ford Uses the Personally Identifiable Information Collected:
Personally identifiable information collected on Ford Owner App may be used to:
- Fulfill an App user request (e.g., create log-in credentials, brochure fulfillment, lead generation, to send marketing or promotional materials including emails)
- Fulfill and deliver an order for goods or services
- Respond to your comments or requests for information
- Meet a request for or to develop new products or services
- Make the user experience more customer friendly
- Contact you if necessary in the course of processing or shipping an order for products or services
- Generate App analytics that improve App layout, content, product offerings and services
- Compile user data that is stored in Ford’s corporate database and may be used for marketing and other purposes
- Match personal data collected here with data about you that Ford has collected through other sources
- Comply with legal requirements
Ford Owners may send push notifications to your mobile device, if you elect to receive notifications via the device’s operating system. Such notifications are intended to be read in a safe manner, such as when the vehicle is not moving. Do not read messages while driving. You agree to comply with all applicable federal, local and provincial or state laws.
a. Push Notifications Opt-in
Based on the notifications preferences that you select upon or after registering your account, Ford Owners may send Push Notifications to your registered mobile device. By enabling Push Notifications you:
- certify that you
- are the mobile phone account holder or
- have the account holder's permission to do so and,
- expressly consent to Ford Owners sending and you receiving push notifications in accordance with these Terms and Conditions, including the Ford Owners Privacy Statement.
b. Push Notifications Opt-Out
You may opt-out of receiving Ford Owners App push notifications by turning them off in your device’s settings or by turning off notifications in the App.
5. Other (Non-Personally Identifiable) Information Collected From App Users:
Ford Owner App collects other non-personally identifiable information from App users. This means that these items are not tracked on an individual basis that identifies the App user, but rather information is gathered and collected on an aggregate [or anonymous] basis that includes all App users. Non-personally identifiable information includes tracking the App pages that are visited or the amount of time spent on the App.
This App may collect additional non-personally identifiable information which may include the type/model of the mobile device viewing the App and the mobile device’s service provider and operating system.
If your mobile device has the capability and the GPS feature on the mobile device is turned on, you can utilize certain locator functionalities on the App which may utilize GPS data to determine your location in order to fulfill your request.
The primary goal in collecting non-personally identifiable information from you is to be able to perform App metrics that allow Ford to improve the functionality of the App.
Ford may use session and persistent “cookies,” session logs, spotlight ads/web beacons/GIF/pixel tags, banner ads or links, and third-party click tracking analytics tools (such as Omniture tags) to collect aggregate or other non-personally identifiable information about App users. An explanation for each of these items and how they work is included in Section 7 - Methods to Collect Information below.
6. How Ford Uses the Aggregate or Non-Personally Identifiable Information Collected:
Non-Personally identifiable information collected on Ford Owner App may be used to:
- Compile aggregate and statistical data to help in App design and to identify popular features
- Measure App activity to allow Ford to update our App to better meet user wants and needs
- Make the user experience more customer friendly
Ford Owner App utilizes non-personally identifiable information for the purpose of performing analytics on the user’s experience while using this App. This analysis:
- Is performed on an aggregate level and does not identify you or your information personally
- May involve the use of a third-party vendor acting on behalf of Ford Owner App
- Is performed in order to improve the App and the user experience
- May include the use of session and/or persistent cookies to track user movement across this and other Ford Motor Company Apps or websites or to track other events within or across this App and other Ford Motor Company websites
7. Methods to Collect Information:
A “cookie” is a small text file that helps us in many ways to make your visit to a website or use of an App more enjoyable and meaningful to you. For example, cookies avoid you having to log in every time you come back to a website or App. They also allow Ford to tailor a website or App or advertisement to better match your interests and preferences. There are a couple different types of cookies.
A “session” cookie is stored only in your computer’s working memory (RAM) and only lasts for your browsing session. When you close all your browser’s windows, or when you shut down your computer, the session cookie disappears forever.
A “persistent” cookie is stored on your computer’s hard drive until a specified date, which could be tomorrow, next week, or 10 years from now. Persistent cookies stay on your computer until either a) they expire, b) they are overwritten with newer cookies, or c) you manually remove them. Most browsers can be configured not to accept cookies, however, this may prevent you from having access to some site or App functions or features.
This App may use third-party click tracking analytics tools (such as Omniture tags) to capture clickthrough statistics. These parties may collect information about your use of the App and across different Apps and sites over time.
Ford Owner App may use spotlight ads/web beacons/GIF/pixel tags which are App instrumentation tools that help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. Emails or electronic newsletters we send may use tools (e.g., pixel tags or web beacons) to gather email metrics and information to improve the reader’s experience such as how many of the emails are opened, if they were printed or forwarded, the type of device (e.g., mobile or PC) from which they were opened, and the city, state, and county associated with the applicable IP address. In general, any electronic image viewed as part of a webpage, including an ad banner, can act as a web beacon.
This App may generate a “session log” when you utilize the app. Session logs are used to help us determine how people travel through sites or Apps. In this way, pages can be structured so that the information most frequently visited is easier to find. By tracking page visits, it can also be determined if the information provided is being used.
This App may utilize app embedded tools that help us in many ways to make your visit to this App more enjoyable and meaningful to you. For example, device identifiers that allow Ford to tailor the App to better match your preferences and avoid repeated activities.
8. Sharing Your Information:
Ford Owner App does not share, sell, or rent personally identifiable information with independent companies for their own use without providing you a choice.
Personally identifiable information that you provide to Ford in the course of using the App features or requesting a product or service through this App may be gathered and stored in one or more of Ford’s corporate databases and be used for purposes of contacting you for things like promotional offers, marketing programs, or other communications from this App or other Ford Motor Company programs and services.
Ford may share personally identifiable information that is collected about you with other companies within the Ford Motor Company family of companies or subsidiaries. Ford’s “family of companies” is the group of companies related by common control or ownership. Ford shares information within this “family” as a normal part of conducting business and offering products and services to our customers.
Personally identifiable information that you provide to Ford Owner App may be shared with Ford’s authorized dealers. This is necessary, such as, in order to honor your request for a price quote on a vehicle or in order to provide a dealer with information for purposes of contacting you in their regular course of business. The dealer is not restricted by Ford Owner App in their use of your data.
Vendors, contractors or partners of Ford Owner App who have access to your personally identifiable information in connection with providing services for Ford Owner App are required to keep the information confidential and are not permitted to use this information for any other purpose than to carry out the services they are performing for Ford Owner App.
App metrics for Ford Owner App may be shared with other Ford Motor Company websites or Apps or subsidiaries or affiliates.
Ford Owner App will disclose your personally identifiable information, without notice, if (1) in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ford Motor Company, its affiliates or the site or App; (b) protect and defend the rights or property of Ford Motor Company, its affiliates or this site or App; or (c) act under exigent circumstances to protect the personal safety of Ford Motor Company or affiliate personnel, users of their websites or Apps, or the public; or (2) if required to do so by law.
9. Security of Your Information:
Safeguarding information of visitors to Ford’s websites or users of its Apps is important to us. Ford uses systems, policies and procedures to maintain accuracy of information and to protect information from loss, misuse or alteration.
When you send personally identifiable information, such as email address or telephone numbers, to Ford Owner App “Secure Socket Layers” or SSL is used to protect your data. SSL is encryption technology that helps safeguard your personally identifiable information against misuse by unauthorized individuals.
Vendors, contractors or partners of Ford Owner App who have access to your personally identifiable information in connection with providing services for Ford Owner App are required to keep the information confidential.
Vendors are not permitted to use this information for any other purpose than to carry out the services they are performing for Ford Owner App.
10. Processing of Personal Data:
By using this App and by providing your personally identifiable information to Ford, you understand and consent to the collection, use, processing, transfer, and disclosure of your personally identifiable and non-personally identifiable information globally --- including to the United States – in accordance with this Privacy Statement. Therefore, by using this App and by providing such information, you consent to the transfer of such information across country borders, and to the use, processing, and disclosure of such information in global locations. Your consent shall be deemed to include your consent to transfer of the personally identifiable or non-personally identifiable information to locations that may have different levels of privacy protection than in your own country.
11. Links to Other Apps:
Ford Owner App may provide links to other websites or Apps. You are encouraged to review the privacy statements of all sites or Apps that you visit or download, including those whose links are provided so that you can understand how those sites or Apps collect, use and share your information. Ford Owner App is not responsible for the privacy statements, content or data handling practices on other websites or Apps.
This App also provides dealer and vehicle locator services which are provided by a third party mapping provider. In order to provide you with the closest dealers or the location of your vehicle, the App may need to collect the IP address to determine your general location, or it may ask you to provide location information such as zip/post code or City and State. If the GPS functionality on your mobile device is turned on (if it has such capability), the App may utilize GPS data to determine your location in order to fulfill your request for the location of a dealer. When the map is utilized for the dealer locator service, the third party mapping provider may be provided a zip/post code. By using the locator services you agree to be bound by the third party mapping provider’s terms of service or use and its privacy policies.
12. Children’s Privacy:
Ford Owner App does not knowingly intend to collect personally identifiable information from children under 13 years of age.
If a child has provided personally identifiable information a parent or guardian of that child may contact Ford at the phone number or mailing address listed in section 14 if they want this information deleted from Ford’s records. Ford will then make reasonable efforts to delete the child’s information from the database that stores information for Ford Owner App.
13. Contacting Us:
If you have any questions, comments or concerns about this online privacy statement for Ford Owners App, Ford Owners App privacy practices, or have any questions regarding the contents of this App please contact us by emailing: wnerapp@ford.com.
Ford Owners App is committed to working with consumers to obtain a fair and rapid resolution of any complaints or disputes about privacy and the handling of your data. Ford Owners App will be happy to respond to your questions and comments.
14. Privacy Statement Effective Date and Revision Days:
Occasionally this privacy statement may be updated in order to reflect any changes to the App or privacy practices. If this statement is updated, the new statement will be posted to the App ten (10) days prior to the changes taking effect.
The effective date of this privacy statement is May 15, 2015
Part 3 – Country Unique Terms and Conditions
The General Terms and Conditions set forth in Part 1 and the Privacy Statement set forth in Part 2 shall apply to this App unless specifically modified by the Country Unique Terms and Conditions set forth below. To the extent the General Terms and Conditions or the Privacy Statement conflict with the Country Unique Terms, the Country Unique Terms shall apply in the applicable Country.
Part 1.
United States App and Pricing (Section 5): The last paragraph is amended in its entirety by the following:
If vehicles are depicted in this App, it in no way constitutes an offer to buy or sell vehicles from Ford or to provide financing or leasing. Any prices, product specifications and all other information shown on this App are for information purposes only, are subject to change at any time without obligation, may vary from state to state, and may not be completely up to date or accurate. Most pricing of the vehicles refers to the Maximum Retail Price Manufacturer’s Base Price (“Base Price” also sometimes called “Base MSRP” or “Ex-Showroom Price”), which, unless otherwise indicated, excludes, insurance, destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, or environmental charges or fees, any industry specific fee, any applicable consumer rebates or incentives, and the cost of any dealer added options. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, insurance, incentive, lease or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual dealers set the actual transaction price. If you subscribed to receive push notification for Ford, you will receive various offers or schemes or discounts on parts or accessories or extended warranty products or other products. Any prices, product specifications and all other information shown on this App are for information purposes only, are subject to change at any time without obligation, may vary from state to state, and may not be completely up to date or accurate. Most pricing of parts or accessories or any other product refers to Maximum Retail prices inclusive of all taxes at Delhi only. Contact your local selected dealer for the actual price of any vehicle or parts or accessories or any other product and any applicable terms and conditions that may apply.
User Generated Content (Section 15): This Section is deleted in its entirety.
Ford Rights to User Submissions (Section 16): This Section is deleted in its entirety.
Part 2.
Ford Owners App Privacy Statement: This Section is replaced in its entirety with the following:
1. Introduction
1.1. Ford Motor Company of Australia Limited ABN 30 004 116 223 (“Ford”, “we”, “our” and “us”) is committed to responsible privacy practices and to complying with the Privacy Principles contained in the Privacy Act 1988 (Cth) (“Privacy Act”). Where applicable, Ford will handle personal information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation.
1.2. This Privacy Policy sets out our policies on the management of personal information including how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed.
1.3. Authorised Ford Dealers (“Dealers”) are independent entities and not related to Ford and may have privacy policies which differ from ours. Dealers are responsible for their own privacy policies and privacy practices. Please contact your Dealer directly for further information.
1.4. We may change our Privacy Policy from time to time at our discretion. At any time, the latest version of our Privacy Policy is available from our website at www.ford.com.au or from our Customer Relationship Centre.
2. What is personal information?
2.1. In this Privacy Policy, “personal information” has the meaning set out in the Privacy Act. Essentially, personal information is information or an opinion about an individual who is reasonably identifiable.
3. What types of personal information does Ford collect?
3.1. The types of personal information Ford collects from you depend on the circumstances in which the information is collected.
3.2. Ford may collect contact details including your name, address, email address and phone and fax numbers.
3.3. Where relevant, Ford may also collect your driver’s licence and registration details, date of birth or age group, occupation, gender, information about your vehicle (including its number plate and vehicle identification number), answers you provide to questions we ask and other information in relation to your dealings with Ford or Dealers (such as types of vehicle purchased and replaced and repair/service history).
3.4. If you are an individual contractor to Ford, in addition to the information referred to in section 3.3 we may collect information relevant to your engagement with Ford including qualifications, length of engagement, resume, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of Ford equipment (e.g. phones, computers and vehicles). A reference to an individual contractor in this document includes those individuals who perform work for Ford under a “purchased service” arrangement. If you are employed by or contracted to a Dealer, we may also collect and maintain training records about you.
3.5. When using the Ford website, we may collect web site usage information such as the IP address you are using, the name of your Internet service provider, your browser version, the web site that referred you to us and the next website you go to, the pages you request, the date and time of those requests and the country you are in. Except where you provide it to us via the website, we do not collect personal information such as your name, mailing address, email address or phone number when you are browsing our website.
3.6. Ford does not generally require customers to disclose any sensitive information (e.g. details of race, religious beliefs, sexual orientation, health information etc.) to us. In limited circumstances, we may require prospective employees, individual contractors and Dealer personnel to provide us with certain health information. See section 10 of this Privacy Policy for further details.
3.7. If you do provide sensitive information to us for any reason (for example, if you provide us with information about a disability you have), you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.
3.8. Occasionally, sensitive information in relation to an individual’s membership of a trade or similar association may be provided to us but we do not actively seek this information. We will only use and disclose that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.
personal information as otherwise permitted or required by law.
4. How do we collect your personal information?
4.1. Ford collects personal information in a number of ways. The most common ways we collect your personal information are:
- directly from you when you provide it to us or our agents or contractors (e.g. via our Customer Relationship Centre);
- via Dealers from which you purchase Ford related goods or services
- via our website or when you deal with us online (including through social media);
- via our market research agencies;
- when you enter a competition or promotion;
- if you are an individual contractor to Ford, from your employer or recruitment agency;
- if you are employed by or contracted to a Dealer, from that Dealer;
- via the SYNC owners forum;
- from publicly available sources;
- from our related companies; and
- from third parties (for example, from referees if you apply for a position as an employee or contractor with us).
5. For what purposes do we collect, use and disclose your personal information?
5.1. The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your personal information.
5.2. We may 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.
5.3. In general we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations.
5.4. Some of the specific purposes for which we collect, use and disclose personal information are as follows:
- to facilitate your request for a brochure or test drive, to add you to a mailing list or to respond if you request information (including via the Ford website or via an email you send to us);
- to record and maintain the details of your purchase of a Ford vehicle for warranty purposes or your purchase of a "myFord" product or service for administration purposes;
- to keep track of the repairs and servicing of your Ford vehicle by Dealers;
- to facilitate the provision of roadside assistance and other services you acquire from us, Dealers or our agents or contractors;
- to inform you in the event of a field service action, for example a recall, affecting your Ford vehicle;
- to issue service reminders;
- to improve our products and services;
- to contact you (directly or through our service providers and marketing research agencies) to obtain your feedback and to find out your level of satisfaction with our products, services and Dealers through surveys;
- to report to and evaluate Dealers;
- to verify your identity;
- to facilitate your entry and participation in a competition or trade promotion;
- to consider you for a job at Ford (whether as an employee or contractor) or other relationships with us;
- to provide goods or services to you or to receive goods or services from you;
- to address any issues or complaints that we or you have regarding our relationship; and
- to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.
5.5. We may also use and disclose your personal information for the purpose of direct marketing to you where:
- you have consented to us doing so; or
- it is otherwise permitted by law.
5.6. Direct marketing involves communicating directly with you for the purpose of promoting goods or services to you and to provide you with special offers from Ford or its Dealers. Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS. You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 15 of this Privacy Policy). If you wish to unsubscribe from direct marketing you have received from a Dealer, please contact that Dealer directly.
6. What happens if you don't provide personal information?
6.1. Generally, you have no obligation to provide any personal information requested by us. However, if you choose to withhold requested personal information, we may not be able to provide you with the products and services that depend on the collection of that information.
6.2. As an example, if we did not collect personal information about your new vehicle purchase, we would be unable to notify you directly of a product recall affecting your vehicle.
7. To whom do we disclose personal information?
7.1. We may disclose your personal information to third parties in connection with the purposes described in section 5 of this Privacy Policy.
7.2. This may include disclosing your personal information to the following types of third parties:
- Dealers;
- our related companies;
- our contractors (including mailing houses, marketing agencies, insurance providers, website and data hosting providers and other IT suppliers);
- other persons who perform services for, or in connection with, us (including to facilitate the delivery of purchases, to provide roadside assistance, to autoclubs, for electronic direct mailing, for credit card payment authorisation, for trend analysis, for market research, for promotions and for the provision of statistical sales information to industry bodies);
- companies who may use your personal information in order to tailor electronic advertising to you (e.g. on a webpage) in relation to our products and services;
- our accountants, insurers (including those that provide extended warranties), lawyers, auditors and other professional advisers;
- if you are an individual contractor to Ford, to your employer or agency in relation to the performance of your work with Ford;
- if you are an individual contractor to Ford or a prospective employee, to our medical service providers for any medical assessments or in relation to any health or safety incidents and to HR related service providers (e.g. for background checks, screening or aptitude testing);
- any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
- 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;
- third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
- otherwise as permitted or required by law.
7.3. Where we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Privacy Principles under the Privacy Act, e.g. by (where commercially practical) including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.
7.4. 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.
8. Does personal information leave Australia?
8.1. Some of the third parties to whom we disclose personal information may be located outside Australia. For example, we may disclose personal information to our related companies overseas and to our overseas service providers.
8.2. The countries in which these third parties are located will depend on the circumstances. In the ordinary course of business we commonly disclose personal information to parties located in the United States, India, China and Singapore (where our Ford group data and business centres are located). Except where an exception applies under the Privacy Act, we will take reasonable steps to ensure that such overseas recipients do not breach the Privacy Principles in the Privacy Act in relation to such information.
9. How do we protect personal information?
9.1. Ford will take reasonable steps to keep any personal information we hold about you secure. 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.
9.2. Your personal information will not be “sold” by Ford to any other organisation for that organisation's unrelated independent use.
10. What about information you provide in job applications?
10.1. If you submit a job application to Ford, we will use the information provided by you to assess your application. Ford may disclose the information contained in your application to contracted service providers for purposes such as screening, aptitude testing, medical testing and human resources management activities.
10.2. As part of the application process or (if you are successful in being employed by Ford) after you commence employment with Ford, you may be required to complete a health questionnaire. You may also be asked to undergo a medical assessment. In that case, you will be asked to give specific consent for Ford to disclose your questionnaire to its service providers for the purposes of the medical assessment and for the relevant service providers to disclose the results of the assessment to Ford.
10.3. If you refuse to provide any of the information requested by Ford, or to consent to Ford disclosing your questionnaire to its service providers for the purpose of a medical assessment or to the disclosure of the results of your medical assessment to Ford, we may be unable to consider your application (or if you have been successful in being employed by Ford, we may not be able to consider you for particular roles or positions within Ford).
10.4. Ford will handle health information in accordance with applicable laws and our Health Information Policy.
10.5. Ford may also ask you whether you agree to your personal information being provided to appropriate Ford suppliers so that you may be considered for positions with those suppliers which are relevant to your qualifications and experience.
11. Is the personal information we hold accurate?
11.1. We endeavour to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly (e.g. from a Dealer).
11.2. We encourage you to contact us if the personal information we hold about you is incorrect or to notify us of a change in your personal information. Our contact details are set out in section 15 of this Privacy Policy.
12. Links, cookies and use of the Ford website
12.1. The Ford website contains links to other sites. This Privacy Policy applies to the Ford website and not any linked sites. We encourage you to read the privacy policies of each website that collects your personal information.
12.2. Ford uses technology such as "cookies", "pixel tags" and java code on Ford websites and in emails you have agreed to receive from us. The use of "cookies", "pixel tags" and java code is an industry standard, and helps us monitor the effectiveness of our advertising and how visitors use the Ford websites. A "cookie" is a small data element stored by your web browser on your computer system. If selected by you, the Ford websites will store your username and password in a "cookie" to enable you to be automatically logged in when you return. Ford website "cookies" do not store your email address or other personal information about you.
12.3. We use this technology to generate statistics and measure site activity to improve the usefulness of customer visits. During normal website usage we do not collect or store personal information such as your name, mailing address, email address or phone number.
12.4. Each time you access Ford websites, the Ford server may deliver certain customised information, including ads, to you based on the data stored in your cookie. Third party vendors may show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our website and other Internet activity. Ford may also use analytics data supplied by third party vendors to inform and optimise our ad campaigns.
13. How you can access and correct personal information we hold about you
13.1. You may seek access to personal information which Ford holds about you by contacting us as described in section 15 of this Privacy Policy. We will provide access to that information in accordance with the Privacy Act, subject to certain exemptions which may apply. We may require that the person requesting access provide suitable identification and where permitted by law we may charge an administration fee for granting access to your personal information.
13.2. If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please contact Ford (see section 15 of this Privacy Policy).
13.3. If you wish to access, correct or update personal information held by a Dealer, or unsubscribe from direct marketing from the Dealer, please contact that Dealer directly.
14. Queries, comments and complaints about our handling of personal information
14.1. If you have any questions, concerns or complaints about our collection, use or disclosure of personal information, or if you believe that we have not complied with this Privacy Policy or the Privacy Act, please contact us (see section 15 of this Privacy Policy).
14.2. When contacting us please provide as much detail as possible in relation to your question, concern or complaint.
14.3. Ford will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
14.4. If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner.
15. Contact details
15.1. Please address all privacy complaints to:
Attention: Privacy Officer
Ford Motor Company of Australia Limited
Private Mail Bag 6
Campbellfield VIC 3061
OR
foacust1@ford.com
15.2. If you wish to seek access to or correct or update any personal information we hold about you, or to unsubscribe from or change your contact preferences in relation to our direct marketing, you can also contact us as follows:
- phone the Ford Customer Relationship Centre on 13FORD (13 36 73);
- fax the Ford Customer Relationship Centre on (03) 9929 3075; or
- email us at email us at foacust1@ford.com.
Acknowledgements
The Ford Owner App may include the following licensed software.
(C) International Organization for Standardization 1986 Permission to copy in any form is granted for use with conforming SGML systems and applications as defined in ISO 8879, provided this notice is included in all copies. This has been extended for use with HTML to cover the full set of codes in the range 160-255 decimal.
This App may include software licensed under the Apache 2.0 license and developed by the following:
Copyright 1999-2014 Apache Software Foundation
Copyright (C) 2012-2013 Square, Inc.
Copyright (C) 2010-2012 The Android Open Source Project
@author Alexander Y. Kleymenov
With parts by Mark Miller, Copyright (C) 2011 Google Inc.
Copyright 2012 FasterXML.com
Copyright 2002-2010, The Apache Software Foundation and other contributors
Copyright 2008, The Android Open Source Project
Copyright (C) Microsoft Open Technologies, Inc.
Copyright 2008-2011 Google Inc.
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at https://www.apache.org/licenses/LICENSE-2.0.
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS-IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
This App may include software licensed under the BSD-style license and developed by the following:
Copyright (C) 2012, Artur Adib All rights reserved.
Copyright (C) 2001-2005, David N. Main, All rights reserved.;
Stdint.h, Copyright (C) 2006-2008, Alexander Chemeris;
LodePNG, Copyright (C) 2005-2013 Lode Vandevenne.
BSD-style License:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This App may include software licensed under the MIT license and developed by the following:
Copyright (C) 2010 Ryan McGrath
Copyright (C) 2012 Artur Adib
Copyright 2009–2013 Kristopher Michael Kowal. All rights reserved.
With parts by Tyler Close, Copyright 2007-2009 Tyler Close
Copyright 2009, 2010, 2011 Isaac Z. Schlueter. All rights reserved.
Copyright (C) 2001 – 2010, The SCons Foundation
Copyright (C) 1998-2003 Daniel Veillard and other contributors. All Rights Reserved.
Copyright (C) 1998 - 2001 Bjorn Reese breese@users.sourceforge.net
Copyright (C) 2000 Bjorn Reese and Daniel Veillard.
Copyright (C) 2000 Gary Pennington and Daniel Veillard.
MIT License:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Copyright 2009 Matt Gallagher. All rights reserved.