Introduction

The objective of this Privacy Policy (this Policy) is to provide a code of conduct in relation to the use of information on individuals, which may be collected, stored, and used by Polaris Industries Australia & New Zealand (POLARIS).

Personal information shall be protected.

This Policy aligns with the ten National Privacy Principles (NPP) as scheduled in the Privacy Amendment Act (Act No. 155 of 2000) (Privacy Act).  Please visit www.privacy.gov.au for further information about this legislation.

1. How does POLARIS collect personal information?

Polaris Industries Australia & New Zealand (POLARIS) is a wholly-owned subsidiary of Polaris Industries Inc, which totally designs, engineers, manufactures and markets its own machines including the Polaris Ranger for off-road utility and recreational use.

Polaris Industries Inc is the world’s second largest manufacturer of ATVs, the largest snowmobile manufacturer and one of the largest US manufacturers of powersports products. Polaris Industries is a $US1.6 billion turnover company listed on the New York Stock Exchange and noted as a Fortune 500 Company.

The services of POLARIS include:

-   Import of Polaris powersports products and parts;

-   Sale  of these products to a dealer network throughout Australia & New Zealand;

-   Provision of warranty for goods purchased from POLARIS;

-   Technical Training to ensure maintenance and repair of goods purchased;

-   Marketing of the POLARIS product and brand throughout Australia & New Zealand.

For the purposes of the POLARIS Policy, these are referred to as “our services”.

POLARIS collects personal information in a number of different ways.  POLARIS collects personal information from its new and existing members through warranty registration forms received directly or through one of its registered Dealers.  POLARIS collects personal and business information about its Dealers.  POLARIS also collects personal information from online forms on our website at http://www.polarissales.com.au

This Policy focuses on how POLARIS handles the personal information about its dealers and customers.  POLARIS may also handle information about people who do not fall within these categories – these people are POLARIS’s “business contacts” (eg. our suppliers).  How POLARIS handles the personal information of its business contacts is discussed at section 7 below.

2. What personal information does POLARIS collect?

When you signs up as a Dealer with POLARIS, you will be asked to provide your name, address, ACN and ABN, all contact telephone numbers, your occupation, your email address and credit reference details.

As a purchaser of a POLARIS product, you will be asked to provide your name, telephone number, address and signature.

As explained at section 3 below, the reason POLARIS collects this information is so that POLARIS can provide you with its services, manage its relationship with you, communicate with you effectively and identify which of its services will best meet your requirements.

However, POLARIS doesn’t collect information it doesn’t need.  For example, POLARIS doesn’t collect sensitive information because POLARIS doesn’t need it in order to provide you with its services.

POLARIS may provide you with promotional material from time to time.  When POLARIS uses that personal information, POLARIS will offer people on the list an opportunity to be removed from its mailing list, or to “opt out” from receiving further promotional material.  POLARIS’s use of personal information collected in the other ways outlined above is discussed at section 3 below.

3. How is personal information used?

The personal information collected from you by POLARIS is used to:

-   Provide you with its services:  this includes the use of personal information for establishing and maintaining your warranty registration, to inform you of product recalls (if any), or to provide you with marketing information about its product; and/or;

-   Notify you about services and promotions offered by POLARIS and its sponsors (whether you are a POLARIS Dealer or Customer).

POLARIS may enter into sponsorship or promotional arrangements with third parties from time to time.  In doing so, POLARIS will not provide personal information about you to its sponsors or partners; however POLARIS may forward information about the products, services or promotions offered by its sponsors or partners to you.

If at any time you do not wish to be notified about the products, services or promotions offered by POLARIS sponsors please let POLARIS know.  POLARIS’s contact details are listed under section 9 below.

4. Will personal information be given to anyone else?

Your personal information is accessible by employees or contractors of POLARIS for the purposes of providing you with POLARIS services.

In the circumstances described below, personal information may be disclosed outside POLARIS.

(a)          Parent Company

POLARIS is a wholly owned subsidiary of Polaris Industries Inc.  Your personal information will be provided to the Parent Company in order to assist them in providing you with their services.  This Privacy Policy does not apply to the collection, use and disclosure of information by Polaris Industries Inc.  If you wish to view their privacy policy, you may do so by contacting them at consumer.service@polarisind.com

(b)          Outsourcing

Personal information collected by POLARIS may be disclosed to third parties to whom POLARIS contracts out specialised functions (including mailing houses and printing companies).

For example, POLARIS may enter into a contractual arrangement with a secure mailing house, and it will be that third party’s contractual obligation to mail out information about the relevant products, services or promotions offered by that partner.

If POLARIS does disclose personal information to third party contractors under outsourcing or contracting arrangements, POLARIS takes steps to ensure those contractors:

-   Comply with the NPP when they handle your personal information (regardless of whether they are a small business, and would otherwise be exempt from the new privacy laws); and

-   Are authorised only to use personal information in order to provide the services or to perform the functions required by POLARIS.

(c)          Disclosures required by law

The only other time POLARIS would make disclosures of personal information is if POLARIS is required to do so by law, or if the disclosure is permitted under the Privacy Act.

POLARIS does not sell, rent or trade personal information to or with third parties.

5. Access and Correction

Under the Privacy Act, you have a right to seek access to information which POLARIS holds about you (although there are some exceptions to this).  You also have the right to ask POLARIS to correct information about you which is inaccurate, incomplete or out of date.

If you wish to exercise your right under the Privacy Act, to seek access to the personal information that POLARIS holds about you, POLARIS asks that you contact POLARIS’s Privacy Officer (details at section 9 below), who will explain how POLARIS will handle your access request.

POLARIS will assume (unless you tell POLARIS otherwise) that your request relates to POLARIS’s current records about you.  These current records will include personal information about you which is included in POLARIS’s databases and in paper files, and which may be used by POLARIS on a day to day basis.  To provide you with access to “current” personal information, POLARIS would ordinarily provide you with a printout of the relevant personal information from its databases, or with photocopies of records which are held only on paper files.  If personal information about you (for example, your name and address details) is duplicated across different databases, POLARIS will generally provide you with one printout of this information, rather than multiple printouts.  Ordinarily, POLARIS will not charge you for the cost of providing this type of access to these records.

For legal and administrative reasons, POLARIS may also store records containing personal information in its archives.  In some circumstances, you may seek access to the records held by POLARIS, which are not current records, but if you do so, POLARIS may charge you for the cost of providing access.  If personal information was collected before 21 December 2001, POLARIS will only provide you with access if:

-   POLARIS uses and discloses that information after 21 December 2001; and

-   Providing access to this information would not cause POLARIS an unreasonable burden or expense (in accordance with section 16C of the Privacy Act).

If you are of the view that personal information about you is not accurate, complete or up to date, please provide POLARIS’s Privacy Officer with your request for correction (contact details are set out at section 9 below).  POLARIS’s policy is to consider any requests for correction in a timely way.

6. Is personal information stored safely?

POLARIS takes steps to ensure the security of personal information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure.  POLARIS only permits your details to be accessed by authorised personnel, and it is a condition of employment that POLARIS’s employees maintain the confidentiality of personal information.

7. Non-customer information

Sometimes, POLARIS needs to collect personal information about individuals who are not customers, or who are not people to whom POLARIS would generally offer its services.  This will usually arise where POLARIS collects the name and business contact details of a person who is the contact in one of its suppliers or clients.  POLARIS’s policy is to only use personal information collected from non-customers for the business purpose for which it was collected.

8. On-line Privacy Issues

POLARIS will apply this policy to all personal information it handles, whether collected on-line or otherwise.  To the extent that this Policy applies to online privacy issues, it is to be read as forming part of the terms of use for the POLARIS website.  This section 8 is intended to provide more information about privacy for the users of the POLARIS website.

(a)          Online collection of personal and non-personal information

As outlined in section 1 of this Policy, POLARIS collects personal information through its website.

The website also collects other information that may or may not be personal information.  For each visitor to the POLARIS website, the POLARIS website server automatically recognises and stores your “address” (eg. your domain name or Internet protocol address), your type of Internet browser, the address of the site which “referred” you to the website and clickstream data.

In addition, the POLARIS website uses cookies to track usage of the web site.  Most web browsers are set by default to accept cookies.  However, if you do not wish to receive any cookies you may set your browser to either prompt or refuse cookies.  Please note that rejecting cookies may mean that not all the functions on the website are available to you.  POLARIS uses cookies for tracking the statistics of its website.  This allows POLARIS to better understand its website users and improve the layout and functionality of the website.  This tracking is conducted in such a way to ensure the anonymity of visitors – in this context the cookie may identify your computer – but it should not identify you.

(b)     Links to other websites

Sometimes the POLARIS website contains links to third party websites, for your convenience and information.  When you access a non-POLARIS website, please understand that POLARIS is not responsible for the privacy practices of that site.  POLARIS suggests that you review the privacy policies of each site you visit.

9. Contacting POLARIS

If you have any questions or comments about this Privacy Policy, or if you wish to complain about how POLARIS has handled personal information about you, please contact POLARIS’s Privacy Officer at psa.sales@polarisind.com

10. Changes to this Privacy Policy

This Privacy Policy may change from time to time.  This Policy was last updated on 23 December 2004.

Making use of such trails and waterways involves risks, dangers and hazards in addition to those normally associated with riding on mechanical equipment such as all terrain vehicles, watercraft, motorcycles and snowmobiles. All individuals making use of such trails or waterways are responsible for their own safety and should exhibit good judgment and responsible riding. Polaris cannot predict whether such trails or waterways are safe for travel or whether inclement weather may occur. Such trails and waterways may involve many risks, dangers and hazards of which every individual making use of such trails and waterways should be aware, including, but not limited to: ice and snow cornices; trees, tree wells and tree stumps; creeks; rocks and boulders; forest deadfall; holes and depressions on or beneath the land or snow surface; cliffs; variable and difficult snow, land and/or water conditions; crevasses; winter or other difficult travel on highways and back country roads; road banks, fences, and other man-made structures; becoming lost; changing weather conditions; encounters with hunters or domestic or wild animals; negligence of other persons; mechanical failure of all terrain vehicles, watercraft, snowmobiles or related equipment; impact or collision with other persons or all terrain vehicles, watercraft or snowmobiles and other vehicles; failure to operate all-terrain vehicles, watercraft or snowmobiles safely or within one's own ability.