Privacy Policy

INTRODUCTION

Vaile Limited (we, us, our) complies with the New Zealand Privacy Act 2020 (the Act) when dealing with personal information. Personal information is information about an identifiable individual (a natural person).

This policy sets out how we will collect, use, disclose and protect your personal information.

This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz.

OUR DUAL ROLE: WHEN WE CONTROL DATA AND WHEN WE PROCESS IT FOR OTHERS

Vaile plays different roles depending on how you interact with our services:

When Vaile is a Data Controller

We are the data controller (the entity that decides how and why personal information is collected and used) when we collect and use information about:

  • Dealership clients - automotive dealerships who subscribe to our platform (business contact details, account information, billing data)
  • Our own business operations - visitors to our corporate website at vaile.ai, job applicants, suppliers, and business partners

For this information, Vaile makes the decisions about collection, use, and disclosure, and you should direct any privacy requests to us using the contact details at the end of this policy.

When Vaile is an Agent/Data Processor

We act as an agent (also called a data processor) when we collect and process information on behalf of our dealership clients, specifically:

  • Website visitors and leads - people who interact with our AI chat widget on dealership websites, submit vehicle inquiries, or book test drives

In this situation:

  • The dealership is the principal (data controller) - they decide to collect your information to respond to your inquiry
  • Vaile processes your data on the dealership's behalf - we provide the technology and AI platform, but we're acting under the dealership's instructions
  • The dealership remains responsible for lawfully collecting your information and responding to your privacy rights

What this means for you:

If you submitted an inquiry through a chat widget on a dealership's website:

  • The dealership collected your information (using our platform as their agent)
  • You can exercise your privacy rights by contacting either:
    • The dealership directly (as the principal collector), or
    • Vaile (as their agent) - we will coordinate with the dealership to respond
  • The dealership's privacy policy may also apply to how they use the leads we provide

This dual role is required by our agreements with dealership clients and reflects our obligations under the Privacy Act 2020.

For the rest of this policy: Unless specifically stated otherwise, when we say "we collect" or "we use" your information, this includes both situations - when we're the controller and when we're acting as an agent for dealership clients.

CHANGES TO THIS POLICY

We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.

This policy was last updated on 6 January 2025.

WHO DO WE COLLECT YOUR PERSONAL INFORMATION FROM

We collect personal information about you from:

  • You directly, when you provide personal information to us, including:
    • Through our AI-powered chat widget on automotive dealership websites (collected on behalf of the dealership as their agent - see "Our Dual Role" section above)
    • When you submit vehicle inquiries, book test drives, or request information through dealership websites using our platform (collected on behalf of the dealership)
    • Through any registration or subscription process for dealership clients accessing our admin platform
    • Through contact with us directly (e.g., telephone, email, support inquiries) about our corporate services
    • When you visit our corporate website at vaile.ai
  • Our dealership clients, who:
    • Subscribe to our platform and provide business contact information and dealership details
    • Provide access to their website platforms where our chat widget is integrated
    • Share vehicle inventory data and dealership information to enable our services
  • Third parties, where you have authorized this or the information is publicly available
  • Automated collection through cookies, analytics tools, and system logs when you interact with our platform or dealership websites using our chat widget

Important distinction:

  • Information we collect as agent: When you use a chat widget on a dealership website, the dealership is collecting your information (using our platform). We process it on their behalf.
  • Information we collect as controller: When you contact us directly about our services or visit vaile.ai, we are collecting your information.

If possible, we will collect personal information from you directly. When we collect information through our chat widget on dealership websites, we act as the dealership's agent for Privacy Act 2020 purposes.

WHAT PERSONAL INFORMATION WE COLLECT

The types of personal information we may collect depend on how you interact with our services:

If you are a website visitor using our chat widget on a dealership website (collected on behalf of the dealership as their agent):

  • Name and contact details (email address, phone number)
  • Vehicle preferences and purchasing intentions
  • Chat conversation transcripts
  • Technical information (IP address, browser type, device information)
  • Location data (based on IP address)
  • Behavioral data (pages visited, time spent, interactions with the chat widget)

Note: This information is collected by the dealership (using our platform as their agent). The dealership determines the purpose of collection (to respond to your vehicle inquiry) and is responsible for obtaining your consent and responding to your privacy rights. We process this information on the dealership's instructions under our service agreement with them.

If you are a dealership client (we are the data controller):

  • Business contact details (name, email, phone number, job title)
  • Company information (business name, address, trading details)
  • Vehicle inventory and pricing information (to power chat widget recommendations)
  • Payment and billing information
  • Account credentials and authentication data
  • Usage data and platform analytics

HOW WE USE YOUR PERSONAL INFORMATION

We will use your personal information:

  • to provide our lead generation and conversion optimization services to dealership clients
  • to process and analyze customer inquiries through our AI-powered chat platform
  • to deliver qualified leads to our dealership clients
  • to verify your identity and authenticate access to our platform
  • to provide customer support and respond to your communications
  • to improve our AI models, algorithms, and service quality
  • to conduct research and statistical analysis (on an anonymized basis) to enhance our platform
  • to send service-related notifications and updates about our platform
  • to market our services to dealership clients, including contacting them electronically (e.g. by email)
  • to bill our clients and collect fees owed to us, including processing credit card and payment transactions
  • to monitor platform usage, detect fraud, and ensure system security
  • to comply with legal obligations and regulatory requirements
  • to protect and/or enforce our legal rights and interests, including defending any claim
  • for any other purpose authorized by you or the Act.

AI Processing: Your personal information, including chat conversations, may be processed by our artificial intelligence systems to:

  • Understand your vehicle purchasing intentions and preferences
  • Generate intelligent responses and recommendations
  • Qualify leads based on engagement and intent
  • Improve our AI models and service accuracy over time

All AI processing is conducted in accordance with the Act and this privacy policy.

DISCLOSING YOUR PERSONAL INFORMATION

We may disclose or provide access to your personal information to:

  • Automotive dealership clients:
    • Website visitor/lead data: We do not "disclose" your inquiry data to dealerships - rather, we collect it on their behalf as their agent when you use the chat widget on their website. The dealership is the principal collector and we provide them access to leads you submitted through their website.
    • Analytical data: We may share anonymized, aggregated insights about chat widget performance and user behavior with dealerships (no personal information identifying you).
  • cloud service providers that host or maintain the IT systems and data centers we use to provide our platform (including but not limited to AWS, Google Cloud, or similar providers)
  • AI and machine learning service providers that support our platform functionality, including OpenAI, Anthropic, and similar large language model providers
  • payment processors and financial institutions for billing and payment processing
  • analytics and monitoring service providers
  • professional advisors (lawyers, accountants, auditors) where necessary for business operations
  • third parties for anonymized statistical information and industry research
  • regulatory authorities, law enforcement agencies, or other persons who can require us to supply your personal information
  • any other person authorized by the Act or another law
  • any other person authorized by you
  • potential acquirers in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition of our business.

Offshore Data Storage and Processing: Our platform uses cloud service providers that may be located outside New Zealand, including in Australia, the United States, and the European Union. This means your personal information may be held, processed, and stored outside New Zealand. We ensure that:

  • These providers are subject to contractual obligations that impose comparable privacy protections to those under the Act
  • Appropriate security measures are in place to protect your information
  • Data is only processed in accordance with our instructions and for the purposes described in this policy

PROTECTING YOUR PERSONAL INFORMATION

We take the security of your personal information seriously and implement reasonable steps to keep it safe from loss, unauthorized activity, or other misuse, including:

  • Encryption of data in transit and at rest
  • Secure authentication and access controls
  • Regular security assessments and monitoring
  • Staff training on privacy and data protection
  • Secure data centers with physical and technical safeguards
  • Incident response procedures for data breaches

However, no internet-based service can be 100% secure. We cannot guarantee absolute security of information transmitted over the internet.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

How to make an access or correction request depends on your relationship with us:

If you submitted a vehicle inquiry through a chat widget on a dealership website:

  • The dealership is the principal collector of your information (we acted as their agent)
  • You can request access or correction by:
    • Contacting the dealership directly - they control your lead information and are responsible for responding to your privacy rights, or
    • Contacting us at privacy@vaile.ai - we will coordinate with the dealership to respond to your request as their agent
  • We may need to consult with the dealership before responding, as they are the decision-maker about your information

If you are a dealership client or contacted us directly about our corporate services:

  • We are the data controller
  • Contact us directly at privacy@vaile.ai to exercise your rights

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.

DATA RETENTION

We retain personal information for as long as necessary to fulfill the purposes described in this policy, unless a longer retention period is required or permitted by law. Retention periods vary depending on the type of information and purpose:

  • Lead and inquiry data: Retained for the duration of the dealership client relationship plus 7 years for business records compliance
  • Dealership client data: Retained for the duration of the client relationship plus 7 years for accounting and tax purposes
  • Chat transcripts: Retained for up to 3 years for service improvement and quality assurance
  • System logs and analytics: Retained for up to 2 years for security and operational purposes

When personal information is no longer needed, we will securely delete or anonymize it.

INTERNET USE

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you follow a link on our website to another site (including dealership websites where our chat widget is embedded), the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site's privacy policy before you provide personal information.

COOKIES AND TRACKING TECHNOLOGIES

We use cookies and similar tracking technologies to monitor your use of our platform and chat widget. Cookies are small data files that we transfer to your device to:

  • Remember your preferences and settings
  • Analyze how you interact with our platform
  • Improve user experience and service performance
  • Collect analytics data on platform usage
  • Enable certain platform features and functionality

Types of cookies we use:

  • Essential cookies: Required for the platform to function properly
  • Analytics cookies: Help us understand how users interact with our platform
  • Performance cookies: Allow us to monitor and improve platform performance
  • Functional cookies: Enable enhanced features and personalization

You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features of our platform or that the chat widget may not function properly.

We also use web beacons, pixels, and similar technologies for analytics and service improvement purposes.

CHILDREN'S PRIVACY

Our services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware that we have collected personal information from a child without parental consent, we will take steps to delete that information.

YOUR RIGHTS

Under the Privacy Act 2020, you have the right to:

  • Access your personal information we hold
  • Request correction of inaccurate or incomplete information
  • Request deletion of your information in certain circumstances
  • Object to certain processing of your information
  • Complain to the Privacy Commissioner if you believe we have breached the Act

How to exercise these rights:

For website visitor/lead data (collected via chat widget on dealership website):

  • You can contact either the dealership (as principal collector) or Vaile (as their agent)
  • If you contact us, we will coordinate with the dealership to respond
  • The dealership makes the final decision about your privacy request

For dealership client data or corporate inquiries:

  • Contact us directly using the details at the end of this policy
  • We will respond directly as the data controller

Important: Your privacy rights apply regardless of whether we're acting as controller or agent. The difference is who makes the decisions about your request - the dealership (for lead data) or Vaile (for client/corporate data).

COMPLAINTS

If you believe we have breached the Privacy Act 2020 or you have a complaint about how we have handled your personal information, how you make a complaint depends on your relationship with us:

If you submitted a vehicle inquiry through a chat widget on a dealership website:

You can complain to either:

1. The dealership (as the principal collector):

  • Contact the dealership directly using their contact details on their website
  • They are responsible for lawfully collecting and using your lead information
  • This is often the quickest way to resolve complaints about how your inquiry was handled

2. Vaile (as the dealership's agent):

  • Email us at privacy@vaile.ai with details of your complaint
  • We will investigate in coordination with the dealership
  • We aim to acknowledge within 5 working days and resolve within 20 working days where possible

If you are a dealership client or contacted us directly about corporate services:

  • Contact us directly at privacy@vaile.ai with details of your complaint
  • We will acknowledge within 5 working days and investigate promptly
  • We aim to resolve complaints within 20 working days where possible

If you are not satisfied with our response (or the dealership's response):

You have the right to complain to the Office of the Privacy Commissioner:

The Privacy Commissioner can investigate complaints about both data controllers (dealerships, Vaile) and agents (Vaile when processing data for dealerships).

CONTACTING US

If you have any questions about this privacy policy, our privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact us at:

Email: privacy@vaile.ai