Dealer: Gillen Motors Pty Ltd t/a Phil Gilbert Motor Group and Phil Gilbert Kia
Contact details: Simone Gilbert, Director, Guest Experience Centre, Level 1, 144 Frances Street, Lidcombe 2141
The Dealer ("we", "us", "our") is bound by the National Privacy Principles (until 11 March 2014) and the Australian Privacy Principles (from 12 March 2014) in the Privacy Act 1988 (Cth).
1. Personal information and Credit Information
"Personal information" is information or opinion about an identified individual, or an individual who is reasonably identifiable.
We collect and hold personal information that is reasonably necessary for, or directly related to, one or more of our functions or activities as a motor vehicle dealer. This information may include (as well as other information):
- your name and date of birth;
- your contact details including residential address, email address and telephone/mobile numbers;
- your employment details, employment history and salary information;
- Driver's licence;
- Credit Card, Debit Card or bank account details;
- Vehicle registration and insurance documents.
We collect and hold credit information that is reasonably necessary for, or directly related to, one or more of our functions or activities as a motor vehicle dealer. This information may include (as well as other information):
- identification information about the individual,
- consumer credit liability information about the individual,
- repayment history,
- default information,
- payment information,
- court proceedings information,
- statements from credit providers,
- the type of consumer credit or commercial credit and the amount of credit sought in applications.
We do not collect sensitive information.
2. Collection and use
We collect and use personal information and credit information about you so that we can provide you, your family and others in your personal network with services, products and benefits in connection with your ownership of the motor vehicle. We also collect and use personal information to contact you in case of a vehicle recall or safety issue affecting your vehicle.
You have the right to refuse to provide us with personal information and credit information. However, if you decide to do so, we may be unable to provide you with services and benefits in connection with ownership of the motor vehicle.
Method of collection
We only collect personal information and credit information by lawful and fair means. We generally collect personal information and credit information directly from you. This information will generally come from what has been provided orally, when completing sales or service documentation or when applying for finance/insurance.
In general, we do not use or disclose your personal information or credit information for a purpose other than:
- a purpose you would reasonably expect;
- a purpose required or permitted by law; or
- a purpose otherwise disclosed to you to which you have consented.
We may disclose your personal information to the motor vehicle distributor who supplied the motor vehicle to us or any future owner of the motor vehicle. The motor vehicle distributor may in turn disclose your personal information to its related companies including for example, the overseas motor vehicle manufacturer. Both the motor vehicle distributor and overseas motor vehicle manufacturer may have local and overseas business partners that they disclose your personal information to.
One of the purposes for disclosure to these third parties is in relation to future vehicle recalls and safety issues that may affect your vehicle. We may disclose your credit information to another credit provider such as Toyota Financial Services. Toyota Financial Services may in turn disclose your credit information to a credit reporting body or to one of its related companies. One of the purposes for disclosure to these third parties is in relation to the provision of finance to assist you with the purchase of your vehicle.
We may also disclose your personal information to other organisations, for example, to:
- our related companies (if any);
- other automotive suppliers or industry participants such as warranty providers or credit providers;
- external service providers, such as accountants, auditors, lawyers, credit reporting bodies, mailing houses, marketing agencies, storage providers and research consultants;
- government or regulatory authorities, where required or permitted by law.
We take all reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations with respect to the protection of your personal information.
Your personal information may be disclosed to an overseas recipient such as Toyota Motor Corporation or Toyota Financial Services in Japan or Hyundai in Korea. Other overseas recipients are located in the United States of America and Canada.
You may request access to the personal information or credit information that we hold about you by using the contact details provided above.
We will deal with your request for such access within a reasonable time. If we refuse access, we will provide you with a written notice which sets out the reasons for the refusal and the relevant provisions of the Privacy Act that we rely on to refuse access.
We may recover reasonable costs in relation to a request for access to personal information.
We take reasonable steps to make sure that the personal information and credit information we collect is accurate, up-to-date and complete. We take reasonable steps to make sure that the personal information and credit information we use or disclose is accurate, up-to-date, complete and relevant. Where we believe that the personal information and credit information we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information.
You may also request that we correct your personal information and credit information by contacting us by using the contact details provided above. We will take reasonable steps to correct the information to ensure that it is accurate, up-to-date, complete, relevant and not misleading.
We will deal with your request to correct your personal information and credit information within a reasonable time. If we do not agree with the corrections you have requested, we are not obliged to alter your personal information and credit information accordingly. However, where we refuse to correct any personal information and credit information as requested by you, we will give you a written notice which sets out the reasons for our refusal.
We hold your personal information and credit information in paper-based and electronic files. We take all reasonable steps to ensure that your personal information and credit information which is kept in our files is protected from:
- misuse, interference and loss; and
- unauthorised access, modification or disclosure.
This means that, in respect of our paper-based files, we maintain various security systems on premises, and in respect of our electronic files, we maintain secure electronic network systems.
When we no longer require your personal information and credit information (including when we are no longer required by law to keep records relating to you), we ensure that it is destroyed or de-identified.
This section explains how we handle personal information collected from our website. If you have any questions or concerns about transmitting your personal information via the internet, you may contact us using the contact details provided above, as there are other ways for you to provide us with your personal information.
Visiting our website
Anytime you access an unsecured part of our website, that is, a public page that does not require you to log on, we will collect information about your visit, such as:
- the time and date of the visit;
- any information or documentation that you download;
- your browser type; and
- your server address.
You may change the settings on your browser to reject cookies.
When we receive emails, we will retain the content of the email and our response to you where we consider it necessary to do so.
Your email address will only be used or disclosed for the purpose for which is was provided. It will not be added to any mailing lists or used for any other purpose without your consent.
We make reasonable efforts to ensure that the most up-to-date security measures are used on our website to protect your personal information. Any data containing personal information which we transmit via the internet is encrypted. However, we cannot guarantee that any information transmitted via the internet by us, or yourself, is entirely secure. You use our website at your own risk.
Links on our website
We may use your personal information and credit information, including your contact details, to provide you, your family and others in your personal network with information about products and services, including those of third parties, which we consider may be of interest to you and them. For example, we may use customer photographs, customer testimonials and customer postcodes to provide information about our products and services to you, your family and others in your personal network.
We may also provide your details to other organisations for specific marketing purposes. As mentioned above, the motor vehicle distributor and the overseas motor vehicle manufacturer may provide your details to their respective business partners such as contracted marketing agencies. This may include overseas business partners.
You may opt out at any time if you no longer wish to receive marketing information. In order to do so, you will need to request that we no longer send marketing materials to you or disclose your information to other organisations for marketing purposes. You can make this request by using the contact details provided above, or by "unsubscribing" from email marketing messages.
9. Questions and complaints
Once a complaint has been lodged, the Dealer will respond to you as soon as possible.
You may also lodge a complaint with the Office of the Australian Information Commissioner by telephone: 1300 363 992 or email: email@example.com