1. What privacy laws apply to Lexus of Berwick?
The APPs alter substantially the existing National Privacy Principles and cover:
- APP 2: Anonymity & pseudonymity – see section 3
- APP 3: Collection of solicited information – see section 4
- APP 4: Dealing with unsolicited personal information – see section 4
- APP 5: Notification of the collection of personal information – see section 4
- APP 6: Use and disclosure of personal information – see sections 5 and 6
- APP 7: Direct marketing – see section 7
- APP 8: Cross border disclosure of personal information – see section 10
- APP 9: Adoption, use or disclosure of government related identifiers – see section 15
- APP 10: Quality of personal information – see section 8
- APP 11: Security of personal information – see section 9
- APP 12: Access to personal information – see section 10
- APP 13: Correction of personal information – see section 8
From time to time Lexus of Berwick contracts out the services to third parties, for example direct mailing houses, collection agencies, call centre operators, which carry out work that cannot be performed by Lexus of Berwick at our premises. Personal information disclosed to these third parties facilitates the information use disclosed above.
2. What is Personal Information?
Personal information is any information about you that identifies you or by which your identity can be reasonably ascertained. APP 1 requires Lexus of Berwick to take reasonable steps to implement practices, procedures and systems to protect your personal information.
- the kind of personal information Lexus of Berwick collects and holds and how it is collected and held;
- the purposes for which Lexus of Berwick collects, holds, uses and discloses personal information; and
- how an individual may access their personal information held by Lexus of Berwick.
Lexus of Berwick may hold various types of information about you, including the following:
name, address, email, telephone number, mobile number, gender, date of birth and driver’s licence number;
- vehicle details and warranty and service details;
- any vehicle finance provided to you through Lexus of Berwick;
- information collected from marketing campaigns, product research and customer surveys;
- information contained in a consumer or commercial credit report from a credit reporting body (CRB); and
- any other personal information Lexus of Berwick is required to collect for identification verification purposes.
3. Anonymity & Pseudonymity
Generally, it is not possible for Lexus of Berwick to transact business with you unless we are able to collect the personal information we require. Whenever it is practical or lawful to do so, however, we may offer you the opportunity to deal with us anonymously or through the use of a pseudonym, for instance in making an enquiry about interest rates or any products or services we offer.
Lexus of Berwick may use technology to collect anonymous information about the use of our website, for example, when you browse our website, our service provider logs your server address, the date and time of your visit, the pages and links accessed and the type of browser used. It does not identify you personally and we only use this information for statistical purposes and to improve the content and functionality of our website, to better understand our customers and to improve our services.
4. How does Lexus of Berwick collect and manage personal information?
Lexus of Berwick only collects, uses or discloses personal information about you as allowed by law or where you have given consent. Personal information may be collected directly from you or via other sources such as our website, email, SMS or through a marketing campaign.
Lexus of Berwick may also collect personal information about you from other sources, including a credit reference from a source mentioned in a report from a CRB when assessing your application for the provision of credit.
Whenever Lexus of Berwick collects personal information, we will take reasonable steps to inform you that:
- Lexus of Berwick is collecting the information;
- the purposes for which we are collecting the information;
- the organisations or types of organisations to whom Lexus of Berwick may disclose the information;
- the fact that you can access your information and how you can make a complaint about a breach of the APPs; and
- how you can contact us.
If personal information concerns particular beliefs or backgrounds, such as racial background, religious beliefs, criminal record and the like, it is considered to be of a sensitive nature. Lexus of Berwick does not collect sensitive information.
5. Why personal information is collected by Lexus of Berwick
Lexus of Berwick (including its related bodies corporate) collects personal information from its customers and suppliers, or employees or officers of its customers and suppliers, for purposes relating to the products and services it offers. Those purposes include:
- responding to enquiries regarding vehicles and vehicle sales, products and accessories and services we offer;
- receiving feedback and dealing with complaints;
- processing orders and administering accounts;
- providing customer support;
- vehicle warranties and product recalls;
- marketing and promotional activities and customer surveys; and
- applications for employment.
If we are unable to collect personal information we require, we may not be able to do business with you or the organisation with which you are connected.
Any personal information we collect will only be used for the purposes related to the products and services offered by Lexus of Berwick (and its related bodies corporate) and will not be used or disclosed for other purposes.
Where possible, Lexus of Berwick will collect personal information directly from you. This may take place in a number of ways, such as when you give us a written order or ask us to provide a product or service over the telephone or internet. Our website may also offer interactive facilities, such as customer enquiry or comment forms and competition entry forms, where personal information may be collected.
By providing us with your mobile telephone number and/or email address, you authorise Lexus of Berwick (and its related bodies corporate) to send you, by email and/or SMS, marketing and promotional information and material and customer surveys. The messages will be accompanied by a functional unsubscribe facility.
Regardless of who provides personal information to us, it will always be handled by Lexus of Berwick in accordance with the APPs.
6. Do we disclose personal information to anyone else?
In providing you with a product or service, Lexus of Berwick may sometimes need to disclose your personal information to others. It is generally our policy not to disclose information to external organisations, however we may need to disclose information in the course of providing a product or service or in connection with an application by you for consumer or commercial credit. Apart from providing personal information to another organisation where you have consented to us doing so, examples of organisations to which Lexus of Berwick might provide your personal information include:
- our related bodies corporate;
- other motor vehicle dealers;
- parts suppliers;
- CRB’s, insurers and financiers;
- a person outside Lexus of Berwick who is contracted to us to provide a particular service on our behalf.
Some examples of the kinds of organisations with which we contract are:
- mailing houses for bulk mailing of letters and notices;
- printers for the despatch of marketing material;
- information technology service providers; and
- accountants, lawyers and other service providers.
Those contracted parties are not authorised by us to use personal information for anything other than the purpose for which we supply that information to them. However, Lexus of Berwick cannot be held responsible for any misuse or unauthorised disclosure of your personal information by these third parties.
Sometimes, the law requires us to disclose personal information. For example, information may be disclosed to a court in response to a subpoena or a court order or to a government agency, such as a vehicle licensing authority or the Australian Taxation Office.
Where you have consented to us disclosing personal information, your consent may be written, verbal or implied from conduct.
7. Direct marketing
From time to time, Lexus of Berwick may use personal information on our direct marketing database for postal marketing campaigns, for example informing you about our products and services or about special offers and promotions that we think may be of interest to you. We will generally give you the opportunity to express a wish not to receive direct marketing communications. You can let us know at any time if you no longer wish to receive marketing material (by contacting us via any of the means in section 13 below) and we will remove your details from our direct marketing database.
Lexus of Berwick does not disclose personal information to other organisations for the purposes of allowing them to direct market their products. However, we may from time to time join Toyota Motor Corporation Australia Limited, other business associates of Toyota and other motor vehicle dealers in joint marketing of our respective products and services to customers.
If the law requires us to provide you with information about our products or services, we will provide that information even if you have elected not to receive information about our products and services generally.
8. Access to your personal information and ensuring personal information is up-to-date
You can access most of the personal information Lexus of Berwick holds about you by contacting us via any of the means set out in section 13 below. We may charge an access fee to cover the reasonable cost of retrieving the information and supplying it to you.
Lexus of Berwick relies on the personal information we hold in conducting our business. Therefore, it is very important that the information we hold is accurate, complete and up-to-date. This means that, from time to time, we will ask you to tell us if there are any changes to your personal information. If you find that information we hold about you is incorrect, please contact us immediately and we will correct it.
Access to personal information may be refused in a number of circumstances, such as where the information relates to anticipated legal proceedings or the request for access is frivolous or vexatious. If we deny or restrict your access, we will explain why.
9. Security of personal information
Security of personal information is important to Lexus of Berwick and we take all reasonable precautions to protect personal information from misuse, loss, unauthorised access, modification or disclosure.
Some of the ways we protect personal information include:
external and internal premises security;
- restricting access to personal information only to staff that need it to perform their day to day functions;
- maintaining technology products to prevent unauthorised computer access or damage to electronically stored information, such as requiring identifiers and passwords, firewalls and anti-virus software; and
- maintaining physical security over paper records.
Lexus of Berwick will take reasonable steps to destroy or permanently de-identify any personal information we hold when it is no longer required for any purpose for which it was collected or for which it may legitimately be used or disclosed.
10. Overseas transfer of personal information
11. Privacy and our website
The type of personal information Lexus of Berwick collects through our website depends on how you make use of the site.
When visiting the Lexus of Berwick website, you will not be required to provide us with any personal information, unless you request information about a product or service or respond to a competition or promotion. In that case, we will ask you to provide contact details along with other information required to respond to your request or allow you to enter the competition or promotion.
The information provided may also be retained for our business planning purposes.
12. If you send us an email
If you send an email to Lexus of Berwick containing personal information, we will take reasonable steps to ensure the confidentiality of that information. The content of emails is sometimes monitored by our service provider for maintenance and fault detection purposes. We may also monitor email for legal compliance purposes.
Although we take steps to protect information sent by email, email is not a secure method of communication. If you are concerned about sending your personal information to us in this manner you may prefer to contact us by any of the other means set out below.
13. Resolving complaints and concerns
If you believe that the privacy of your personal information has been compromised or that Lexus of Berwick has not dealt with your personal information in a manner that complies with law or the APPs, please let us know. You can make a complaint in writing (by email or post) to:
The Privacy Officer
Lexus of Berwick
2 – 12 Clyde Rd,
Berwick, VIC 3805
or by calling (03) 9707 4455 and asking for the privacy officer. We will investigate your complaint and respond as quickly as possible.
14. Third Party Websites
Lexus of Berwick’s website may contain links to websites which are owned or operated by third parties independent of Lexus of Berwick, including websites owned or operated by our service providers. Those websites should contain their own privacy statements and their owners or operators are responsible for informing you about their security and privacy practices.
Lexus of Berwick does not collect or use Commonwealth government identifiers when dealing or interacting with you.
16. What information do we collect and hold?