This document sets out the policy of Berwick Motor Group Pty Ltd relating to the protection of the privacy of personal information.
1.1. What is personal information?
Personal information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is either identified or reasonably identifiable.
Examples include an individual's name, address, contact number and email address.
1.2. Our obligations
Berwick Motor Group is required to comply with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act). The APPs regulate the manner in which personal information is handled throughout its life cycle, from collection/receipt to use and disclosure, storage, accessibility and disposal.
We are also required to comply with other, including more specific privacy legislation in some circumstances, such as:
applicable legislation of the other national jurisdictions in which Berwick Motor Group operates;
the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).
1.3. Employee records
Berwick Motor Group is generally exempt from the Privacy Act when it collects and handles employee records. However, Berwick Motor Group’s policy is to protect the personal information of its employees as it does other personal information.
2. The purposes for which we collect, hold, use and disclose personal information
Berwick Motor Group needs personal information to be able to perform its core functions, including but not limited to;
· The purchase of a motor vehicle or associated product/service
· For the purpose of registering vehicles in your name to the appropriate state bodies (ie. VicRoads)
· Obtaining credit history documentation for any finance applications
· Obtaining finance on your behalf with a third party lender/financial institute
· Communication of any important information relating to your purchase (including safety recalls)
· Communication to you regarding your transaction(s) and/or any ongoing products we provide to you
· Where it is required by law
· The resolution of any complaint, inquiry or investigation in which you are involved
· Any insurance claim or proposal that requires disclosure of your personal or sensitive information
· For research, development, business systems and infrastructure testing, and other business purposes to assist us in providing our services to you
· Our direct marketing to you
· conducting competitions and lucky draws
· conducting surveys and market research for product and service improvement purposes and to compile statistics and analyse trends
· General administration tasks including processing payments and resolving complaints
If you do not give us the information we seek:
· We may be limited in our ability to contact you for any information regarding your vehicle (including safety recalls)
· We may be limited in our ability to provide you with the best service
2.2 Other activities
We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or which are:
required or authorised by or under law (including, without limitation, privacy legislation); and
for which the individual has provided their consent
2.3 Direct marketing
We may use personal information specifically your name and relevant address details, to let you know about our services, facilities and benefits and those of third party partners/contractors/suppliers of Berwick Motor Group, where we have your consent. We are not permitted to do so unless we have your consent. We and/or our partners/contractors/suppliers may contact you for direct marketing purposes in a variety of ways, including by mail, email, SMS, telephone, online advertising or facsimile.
For example, where we have your consent, we may send you updates on our products/services or
company newsletters and/or brochures.
2.4 Opting out
Where you have consented to receiving direct marketing communications from us, your consent will remain current until you advise us otherwise. However, you can opt out at any time, in the following ways:
1. Contact the Berwick Motor Group Privacy Officer
2. Advise our staff if you receive a marketing call that they no longer wish to receive
3. Use the unsubscribe facility that we include in our commercial electronic messages (such as emails and SMSs) to opt out of receiving those messages
2.5 Notification of source
If we have collected the personal information that we use to send you direct marketing material from a third party (for example a direct mail database provider), you can ask us to notify you of our source of information, and Berwick Motor Group’s policy is to do so unless this is unreasonable or impracticable.
3. The kinds of personal information we collect and hold
The type of personal information that Berwick Motor Group collects and holds about you depends on the type of dealings that you have with us. For example, if you:
- Are a current or previous customer; we collect information including your name, address, contact number, gender, date of birth, address, email address, proof of identity details, employment details,, communication preferences, vehicle purchased and relevant vehicle details. We seek to keep those details updated
- Are a supplier to Berwick Motor Group; we collect contact address details, usually including but not limited to all forms of contact and address, billing information and information about the goods and/or services you supply
- Apply for a job at Berwick Motor Group; we will collect the information you include in your application for employment, including your cover letter, resume, contact details and referee reports
- Are an academic, or industry experts or media contact of Berwick Motor Group
- Are a member of the general public who contacts Berwick Motor Group who elects not to rely on anonymity or pseudonymity, we collect contact address details, usually including but not limited to email addresses and phone numbers and details about the reason for the contact
3.2. Sensitive information
Sensitive information is a subset of personal information that is generally afforded a higher level of privacy protection. Sensitive information includes health and genetic information and information about racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record and some types of biometric information.
Berwick Motor Group’s policy is only to collect sensitive information where it is reasonably necessary for our functions or activities and either:
· The individual has consented; or
· We are required or authorised by or under law (including applicable privacy legislation)
3.3. Collection of information other than personal information through our website
When you visit the Berwick Motor Group website (including all Berwick Motor Group websites), some of the information that is collected about your visit is not personal information, because it does not reveal your identity.
A cookie is a small string of information that a website transfers to your browser for identification purposes. The cookies used by Berwick Motor Group may identify individual users who log into the website.
Most internet browsers are set to accept cookies. If you prefer not to receive them, you can adjust your internet browser to reject cookies, or to notify you when they are being used. There are also software products available that can manage cookies for you. Rejecting cookies can, however, limit the functionality of our website (such as preventing users from logging on and making purchases).
Berwick Motor Group also uses online behavioural advertising as part of optimising email campaigns based on audience behaviour e.g. reaction or no reaction to a campaign.
3.4. What if you don't want to provide your personal information to us?
Berwick Motor Group’s policy is to provide individuals with the option of not identifying themselves, or of using a pseudonym, when dealing with us if it is lawful and practicable to do so. A pseudonym is a name or other descriptor that is different to an individual’s actual name.
For example, Berwick Motor Group’s policy is to enable you to access our website and make general phone queries without having to identify yourself and to enable you to respond to our surveys anonymously.
In some cases however, if you don't provide us with your personal information when requested, we may not be able to respond to your request or provide you with the product or service that you are seeking. For example, you must identify yourself to purchase a vehicle from us, if you test drive a vehicle, or apply for credit/finance. We may request photo ID to confirm your identity where required (ie. for insurance purposes).
4. How we collect and hold personal information
4.1. Methods of collection
Berwick Motor Group is required by the Privacy Act also to collect personal information only by lawful and fair means. If it is reasonable and practicable, we will collect personal information we require directly from you. We collect personal information in a number of ways, including:
· by email;
· over the telephone;
· through written correspondence (such as letters, faxes and emails);
· on hard copy forms (including registration forms, purchasing agreements, competition entry forms and surveys);
· in person (for example, during any transactions);
· through our website (for example, if you make an online purchase or complete and submit an enquiry, or if you participate in a live chat);
· electronic systems such as Applications;
· from third parties, including:
· direct marketing database providers;
· insurers in relation to professional indemnity insurance; and
· public sources, such as telephone directories, membership lists of business, professional and trade associations, ASIC searches, bankruptcy searches and searches of court registries
4.2. Collection notices
Where Berwick Motor Group collects personal information directly from you, Berwick Motor Group’s policy is to take reasonable steps to notify you of certain matters. We will do this at or before the time of collection, or as soon as practicable afterwards. The matters include:
· our identity and how to contact us;
· the purposes for which we are collecting the information;
· whether the collection is required or authorised by or under by or under an Australian law or a court or tribunal order;
· the third parties (or types of third parties) to whom we would normally disclose information of that kind;
· whether any of those third parties are located overseas and, if practicable to specify, the countries in which they are located; and
We will generally include these matters in a collection notice. For example, where personal information is collected on a paper or website form, we will generally include a collection notice, or a clear link to it, on the form.
Where Berwick Motor Group collects information about you from a third party, Berwick Motor Group’s policy is to take reasonable steps to make sure that you are made aware of the collection details listed above and, if you may not be aware that that we have collected the information, of the fact and circumstances of the collection.
4.3. Unsolicited information
Unsolicited personal information is personal information we receive that we have taken no active steps to collect (such as an employment application sent to us by an individual on their own initiative, rather than in response to a job advertisement).
We may keep records of unsolicited personal information if the Privacy Act permits it (for example, if the information is reasonably necessary for one or more of our functions or activities). If not, Berwick Motor Group’s policy is to destroy or de-identify the information as soon as practicable, provided it is lawful and reasonable to do so.
5. Disclosure of personal information to third parties
Under Berwick Motor Group’s policy, personal information may be disclosed to the following third parties where appropriate for the purposes set out under heading 2 above.
· Relevant state road authorities (including VicRoads)
· Financial Institutes for the purpose of obtaining credit on your behalf
· Relevant vehicle manufacturers
· Our insurers
· Any person with a lawful entitlement to obtain the information
· Berwick Motor Group's contracted service providers, including:
· Information technology service providers;
· Publishers of our newsletters, student handbooks and course material;
· Conference organisers;
· Marketing and communications agencies;
· Call centres and call training centres (including the third party that conducts surveys on our behalf);
· To a third party for the purpose of providing you with a loyalty gift on Berwick Motor Group's behalf and informing you of the products and/or services constituting the gift. This is likely to involve the third party contacting you. If you do not wish for your personal information to be used and disclosed for this purpose, please contact our Privacy Officer.
· Mailing houses, freight and courier services;
· Printers and distributors of direct marketing material; and
· External business advisers (such as recruitment advisers, auditors and lawyers)
In the case of these contracted service providers, we may disclose personal information to the service provider and the service provider may in turn provide us with personal information collected from you in the course of providing the relevant products or services.
6. Use of government related identifiers
Berwick Motor Group’s policy is to not:
· Use a government related identifier of an individual (such as a Medicare number or driver's licence number) as our own identifier of individuals; or
· Otherwise use or disclose such a government related identifier,
· Unless this is permitted by the Privacy Act (for example, wherethe use or disclosure is required or authorised by or under an Australian law or a court/tribunal order).
7. Data quality and security
We hold personal information in a number of ways, including in electronic databases, email contact lists, and in paper files held in drawers and cabinets, locked where appropriate. Paper files may also be archived in boxes and stored offsite in secure facilities. Berwick Motor Group’s policy is to take reasonable steps to:
· make sure that the personal information that we collect, use and disclose is accurate, up to date and complete and (in the case of use and disclosure) relevant; and
· protect the personal information that we hold from misuse, interference and loss and from unauthorised access, modification or disclosure
You can also help us keep your information up to date; by letting us know about any changes to your personal information, such as your email address or phone number.
The steps we take to secure the personal information we hold include ICT security (such as encryption, firewalls, anti-virus software and login and password protection), secure office access, personnel security and training and workplace policies.
Berwick Motor Group processes payments using EFTPOS and online technologies. Berwick Motor Group’s policy is to ensure that all transactions processed by Berwick Motor Group meet industry security standards to ensure payment details are protected.
While Berwick Motor Group strives to protect the personal information and privacy of website users, we cannot guarantee the security of any information that you disclose online and you disclose that information at your own risk. If you are concerned about sending your information over the internet, you can contact Berwick Motor Group by phone or post.
You can also help to protect the privacy of your personal information by keeping passwords secret and by ensuring that you log out of the website when you have finished using it. In addition, if you become aware of any security breach, please let us know as soon as possible.
Third party websites
8. Access and correction of your personal information
Individuals have a right to request access to the personal information that Berwick Motor Group holds about them and to request its correction.
You can contact our Privacy Officer (details under heading 11 below) if you would like to access or correct the personal information that we hold about you. We may ask you to verify your identity before processing any access or correction requests, to ensure that the personal information we hold is properly protected.
Berwick Motor Group’s policy is to provide you with access to your personal information, subject to some exceptions permitted by law. We will also generally provide access in the manner that you have requested (e.g. by providing photocopies or allowing a file to be viewed), provided it is reasonable and practicable for us to do so. We will not charge a fee to provide the information to you.
If you ask us to correct personal information that we hold about you, or if we are satisfied that the personal information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, Berwick Motor Group’s policy is to take reasonable steps to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.
If we correct personal information about you, and we have previously disclosed that information to another agency or organisation that is subject to the Privacy Act, you may ask us to notify that other entity. If so, Berwick Motor Group’s policy is to take reasonable steps to do so, unless this would be impracticable or unlawful.
Timeframe for access and correction requests
Except in the case of more complicated requests, we will endeavour to respond to access and correction requests within 14 business days.
What if we refuse your request for access or correction?
If we refuse your access or correction request, or if we refuse to give you access in the manner you requested, Berwick Motor Group’s policy is to provide you with a written notice setting out:
1. the reasons for our refusal (except to the extent that it would be unreasonable to do so)
2. available complaint mechanisms
In addition, if we refuse to correct personal information in the manner you have requested, you may ask us to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, and we will take reasonable steps to associate the statement in such a way that will make it apparent to users of the information.
If you have a complaint about how Berwick Motor Group has collected or handled your personal information, please contact our Privacy Officer (details below).
Our Privacy Officer will endeavour in the first instance to deal with your complaint and take any steps necessary to resolve the matter within a week.
If your complaint can't be resolved at the first instance, we will ask you to complete a Privacy Complaint Form, which details (for example) the date, time and circumstances of the matter that you are complaining about, how you believe your privacy has been interfered with and how would you like your complaint resolved.
We will endeavour to acknowledge receipt of the Privacy Complaint Form within five business days of receiving it and to complete our investigation into your complaint in a timely manner. This may include, for example, gathering the facts, locating and reviewing relevant documents and speaking to relevant individuals.
In most cases, we expect that complaints will be investigated and a response provided within 30 days of receipt of the Privacy Complaint Form. If the matter is more complex and our investigation may take longer, we will write and let you know, including letting you know when we expect to provide our response.
Our response will set out:
· what action, if any, Berwick Motor Group will take to rectify the situation
If you are unhappy with our response, you can refer your complaint to the Office of the Australian Information Commissioner.
10. Further information
Please contact Berwick Motor Group if you have any queries about the personal information that Berwick Motor Group holds about you or the way we handle that personal information. Our contact details for privacy queries are set out below:
Berwick Motor Group
PO Box 250 Berwick VIC 3806
03 9796 1777
F: 03 8765 5545
11. Changes to this policy