Darwin Motor Group Pty Ltd
PRIVACY AND CREDIT INFORMATION POLICY
1.1. Darwin Automotive Pty Ltd TA Darwin Motor Group ACN 627 496 431 (“the Company, we, our or us”) carries on an automotive dealership business, including the sale of new and used vehicles, the repair and servicing of motor vehicles and the sale of spare parts and accessories. The Company also assists its customers to purchase finance and insurance products under formal brokerage agreements that the Company has with various financiers and insurers.
1.2. We know that your personal information and credit information (“Information”) is important and private and we value the fact that you will trust us with the Information. This Policy sets out how we handle your Information. It also sets out how we handle Information collected from third parties, such as a credit report through the credit reporting system that we utilise if you apply through us for finance, insurance or other financial products (“Financial Services”).
1.3. We are bound by the Privacy Act 1988 (Cth) (“Privacy Act”), the Australian National Privacy Principles (“APPs”) and the Credit Reporting Rules contained in the Privacy Act.
2. KINDS OF PERSONAL INFORMATION WE COLLECT
2.1. The Information we may collect and hold is as follows:
- (a) personal details, including your name, address, phone number, email address, gender, date of birth, marital status, dependants and employment details;
- (b) any other information that may be relevant to the services we provide (such as a copy of your Drivers Licence and other identification documents) and any information required by law;
- (c) details of your vehicle;
- (d) details of assets and liabilities that you own solely or jointly or through a controlled entity;
- (e) your commercial credit Information and/or consumer credit Information obtained from a credit reporting agency and a credit report containing personal credit Information.
- (f) details required by the supplier of the Financial Services that we broker;
- (g) details of how you paid for our services or for the Financial Services that you purchased through our brokerage, including bank account and credit card details.
2.2. We will only collect sensitive Information about you with your specific consent, unless we are otherwise allowed or obliged by law to collect that Information. Sensitive information includes information about your health, race, ethnic origin and religious beliefs.
3. INFORMATION COLLECTED AUTOMATICALLY
3.1. When you visit our website, the address of which appears below in clause 10.2, our server logs the following information provided by your browser (which does not personally identify you):
- (a) the type of browser and operating system you are using;
- (b) the previous site that you visited;
- (c) your server's IP address (a number which is unique to the device through which you are connected to the Internet: usually one of your service provider's machines);
3.2. Our server logs the date and time of your visit, which pages of our website you visited and any documents you downloaded.
- (a) Our server might use a feature of your browser called a "Cookie" to assign a user ID.
- To learn how you may manage Cookies or delete Cookies that have already been installed, please refer to your browser’s help menu for instructions.
3.4. We only use the Information collected by our server to generate statistics and analyse site activity.
4. WHY WE COLLECT, HOLD, USE AND DISCLOSE YOUR PERSONAL INFORMATION
4.1. We collect certain Information in order to carry out the following:
- (a) reply to your inquiry (email, telephone, fax etc);
- (b) fulfilling our ongoing obligations (including warranty and manufacturer’s recall) to you as the owner/driver of a vehicle we have sold to you;
- (c) customer service requirements and product development purposes;
- (d) check, complete and submit to our Financial Services suppliers’ application and related forms, authorities and disclosures;
- (e) process your application for the provision of Financial Services, including Financial Services warranties;
- (f) assess your financial position to determine if you meet our Financial Services suppliers lending or insurance requirements;
- (g) to refer your application to other Financial Services suppliers if your initial application to purchase a Financial Service is declined;
- (h) to obtain Information from financial institutions, professional advisers and other third parties who have possession or control of Information about you which is necessary for us or our Financial Services suppliers to provide you with Financial Services;
- (i) to provide you with Financial Services product information, promotions and information on new products and services available; and.
- (j) dealing with complaints.
4.2. We also collect certain Information to enable your lender or insurer to protect its interests, including Information enabling your lender to register a security interest over your property on the Personal Property Securities Register (PPSR) or to check against sanctions or other reference lists.
4.3. We also use your Information for complying with our legal obligations, assisting Government and enforcement bodies or regulators or where we are otherwise required or authorised by or under law to do so.
5. HOW WE COLLECT PERSONAL INFORMATION
5.1. We generally collect Information directly from you from our direct discussions or from information which you provide to us in writing including via electronic transmission (for example, Information will be collected when you apply or authorise us to apply for a financial product, such as a loan to purchase a motor vehicle).
5.3. It is not practical for you to deal with us under a pseudonym and we do not give you the option to deal with us under a pseudonym. You must provide us with your full and correct name for all purposes.
5.4. Should we receive unsolicited personal information we will determine whether we could have obtained the information under APP3 and if not, we will either destroy the information (provided it is lawful and reasonable to do so) or we will return the information to where it emanated.
5.5. We may also collect your Information from contractors performing a service or function on our behalf, regulatory authorities, marketing agencies and other parties you refer us to or who refer us to you.
5.6. We may also collect Information from you via customer surveys designed to obtain data to enable us to provide you with a better and broader range of financial products and the best brokerage service available.
6. DISCLOSURE OF YOUR INFORMATION
6.1. Depending on your type of enquiry with us, we may disclose your Information to:
- (a) motor vehicle or parts manufacturers, and their authorised representatives;
- (b) CRBs;
- (c) the suppliers of Financial Services with whom we have a brokerage arrangement; or
- (d) a prospective or existing guarantor of your financial obligations.
6.2. We may use and disclose Information for the primary purpose for which it is collected and for reasonably expected secondary purposes which are related to the primary purpose.
6.3. We do not use or disclose your Information for the purposes of providing data to any third parties except where we engage other parties to perform services for us, which may involve that party handling Information we hold. In this situation, the third party is prohibited from using your Information except for the specific purpose for which we provided it.
6.4. You agree that we may give a CRB Information about you in order to obtain credit reporting information.
6.5. We will only use and disclose the Information for the following purposes:
- (a) assessing your credit worthiness;
- (b) obtaining a credit report containing your personal information from a CRA;
- (c) performing a search of your name or the entity that you control or have an interest in on the PPSR;
- (d) assisting you to avoid defaulting on your credit obligations; and
- (e) the provision or management of credit to you.
6.6. We will only disclose credit information to:
- (a) a related body corporate;
- (b) a person processing your application for credit;
- (c) a person who manages credit;
- (d) a credit provider if we believe you have committed a serious credit infringement or you have consented to the disclosure;
- (e) a person considering whether to act as a guarantor or provide security and you have expressly consented to that disclosure;
- (f) a debt collector;
- (g) a mortgage insurer;
- (h) a CRB; and
- (i) anyone else whom you authorise us to disclose it to.
7. HOLDING AND PROTECTING YOUR INFORMATION
We may hold Information in digital and paper form. At all times we will take reasonable steps to protect your Information from misuse, loss, interference and from unauthorised access, modification or disclosure.
7.2. Some of the ways we protect your Information include:
- (a) securely locking our offices after hours;
- (b) ensuring that all computers have password protection;
- (c) maintaining website protection through a firewall; and
- (d) ensuring that all information stored on our online data server is encrypted;
7.3. Any credit card details you provide to apply for or pay for a Financial Service or product is protected by 128 bit Encryption Security provided by a Thawle SuperCert.
8. OVERSEAS DISCLOSURE
It is unlikely that we will disclose personal information to overseas recipients. We will not provide personal information to recipients outside of Australian unless:
- (a) we have taken reasonable steps to ensure that the recipient does not breach the Privacy Act 1988 or the APPs;
- (b) the recipient is subject to an information privacy scheme similar to the Privacy Act 1988; or
- (c) you have consented to the disclosure.
9. ACCESS AND CORRECTION OF PERSONAL INFORMATION
9.1. To provide you with the best brokerage service possible, it is important that the Information that we hold about you is fully accurate and up to date.
9.2. You can generally access and request the correction of Information we hold about you by contacting us in one of the manners in the “Contact Us” section of our website.
9.3. We will not charge any fee to correct or update your Information unless a fee is payable to a third party, such as a CRB, to ensure that the Information is correct.
9.4. To ensure that we provide you with the best service, we may from time to time ask you if your Information is still accurate and up to date. If you find that any Information that we hold about you is incorrect, you should contact us immediately and we will take reasonable steps to correct it.
10.2. Contact details for our Privacy Officer are as follows:
Att: Privacy Officer
Darwin Motor Group
32-36 Stuart Highway, Stuart Park, NT 0820
Phone: 08 8946 4444