Motors Group Tasmania Pty Ltd (ACN 129 922 425) trading as Tasmanian Auto Financial Services (we, our or us) is committed to complying with its obligations under the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (APPs).
We are committed to respecting your privacy and protecting your personal information. Our staff are trained to protect your personal information in accordance with our policies, procedures and systems.
This policy outlines how we manage and secure your personal information. It also describes the kinds of personal information that we hold and for what purposes, and how that information is collected, held, used and disclosed.
This policy also includes our credit reporting policy. It contains additional information on how we manage your personal information collected in connection with a credit application, or a credit facility. We refer to this credit-related information as credit information.
This policy is easy to access and is available on our website at www.motors.com.au. You may request a copy of the policy by contacting the Customer Relations Manager in accordance with paragraph 15.1 of this policy.
Please read this policy carefully before you provide us with any personal information.
We will review this policy from time to time. We encourage you to check our website regularly as any updated policy will be available on our website.
3. TYPES OF INFORMATION THAT WE COLLECT AND HOLD
3.1 General information
We may collect and hold the following types of personal information about you:
(a) identification information including, your name, date of birth, postal addresses, email address, fax number and telephone number;
(b) payment details;
(c) any complaint details;
(d) details of any enquiries made;
(e) income details;
(f) Centrelink reference numbers;
(g) Medicare number;
(h) passport number;
(i) pension and concession status;
(j) credit information such as details relating to your credit history, eligibility for credit and credit capacity; and
(k) any other information that we consider to be reasonably necessary;
3.2 Credit reports
When you apply for credit, we need to know if you will be able to meet repayments under your credit contract with us. As such, we may need to obtain a credit report about you.
Credit reports contain information about your credit history which help us to assess your credit application, verify your identity and manage any accounts you hold with us. We can collect from and disclose this information to credit reporting bodies and other credit providers in certain circumstances, including when you make an application for credit.
The Privacy Act limits the information that credit providers can disclose about you to credit reporting bodies, as well as the ways in which credit providers can use credit reports.
3.3 Credit information
In order to assess your credit worthiness we may need to collect certain information about you from, and give it to, credit reporting bodies. This information may include:
(a) identification information (including your full name, an alias or previous name; sex, date of birth, current or last known address, previous addresses (if any), name of current or previous employers and drivers licence number);
(b) consumer credit liability information (including details relating to your consumer credit, such as the name of the credit provider, the type of consumer credit, the day on which the consumer credit was entered into and terminated, certain repayment terms and conditions and the maximum amount of credit available.
(c) repayment history information (including whether or not you have met monthly payments that are due in relation to consumer credit, the day there were due and when they were paid)
(d) information request details (including a record of us asking a credit reporting body for information in relation to a credit application or a credit guarantee);
(e) default information (a record of your consumer credit payments being overdue);
(f) payment information (if we disclose default information about you to a credit reporting body and the overdue amount is paid, a statement that the payment has been made);
(g) new arrangement information (if we disclose default information about you to a credit reporting body and your consumer credit contract is varied or replaced, a statement about this);
(h) court proceeding information, personal insolvency information and publicly available information that relates to your credit worthiness; and
(i) serious credit infringement information (if we reasonably believe that you have committed a serious credit infringement in relation to your consumer credit, such as fraud or an intention not to comply with credit obligations, a record of this).
Please note that information we obtain from credit reporting bodies or information we derive from such information is known as credit eligibility information.
3.4 Information required by law
We may collect personal information about you because the collection of the information is required or authorised by law or a court/tribunal order.
4. COLLECTING YOUR INFORMATION
4.1 Collecting personal information
We collect your personal information so that we can perform our functions and activities.
We will, if it is reasonable and practical to do so, collect personal information (including credit information) directly from you.
We may collect your personal information when:
(a) you fill out a form (i.e. credit application);
(b) you give us paper correspondence (e.g. letter or notice);
(c) you give us information over the telephone, via fax or post;
(d) you interact with us electronically or in person; or
(e) you access our website.
4.2 Collecting personal information from other sources
Sometimes we collect personal information about you from other sources where it is necessary to do so. This may happen where:
(a) you have consented to the collection of the information from someone else;
(b) we are required or authorised by law to collect the information from someone else; or
(c) it is unreasonable or impracticable to collect the information from you personally.
Examples of other sources that we may collect personal information from include, but are not limited to:
(a) our service providers involved in helping us to perform our functions and services, including introducers, mercantile agencies, auction houses, accountants and legal advisors;
(b) our related entities;
(c) accessing information that is publicly available on the electoral roll and telephone directories;
(d) authorised representatives, including any person who has authority to act on your behalf;
(e) your family members;
(f) your current and former employers;
(g) your banks and financial institutions; and
(h) Australian Securities and Investment Commission.
4.3 Collecting credit information from third parties
Sometimes we collect credit information about you from the following third parties:
(a) credit reporting bodies;
(b) other credit providers;
(c) debt collection agencies;
(d) any insurer to which we have paid an insurance premium on your behalf;
(e) our dealers for the purpose of advising the dealer of the acceptance or rejection of your credit application; and
(f) any person named in your credit application.
4.4 What happens if you do not provide us with your personal information?
If you do not provide us with your personal information, we may not be able to:
(a) verify your identity; or
(b) provide you with any credit.
4.5 Unsolicited personal information
If we collect personal information about you that we did not ask for, we will check whether we could have collected that information ourselves. If we could have collected the information, we will handle it in the same way we handle other information we collect from you. If:
(a) we could not have collected the personal information; and
(b) the information is not contained in a Commonwealth record, we will destroy the information or de-identify the information provided it is lawful and reasonable to do so.
4.6 Notification of collection of personal information
When we receive personal information directly from you, we will take reasonable steps to notify you of the collection and the circumstances that surround the collection.
(a) we collect your personal information from third parties; or
(b) you may not be aware that we have collected your personal information.
If we collect information that can be used to identify you, we will take reasonable steps to notify you of the collection and the circumstances that surround that collection.
5. PROTECTING PERSONAL INFORMATION
5.1 Storing personal information
We are committed to keeping your personal information secure.
We store your personal information in different ways, including in physical and electronic form and via cloud.
We treat all personal information as confidential. We will take reasonable steps to ensure personal information is protected from:
(a) misuse, interference and loss;
(b) unauthorised access, modification and disclosure;
(c) confidentiality requirements for employees;
(d) document storage facilities;
(e) training employees on their obligations with respect to personal information;
(f) only giving access to personal information to a person who is verified to be able to access that information;
(g) control of access to buildings;
(h) electronic security systems, such as user identifiers, passwords or other access codes, antivirus, antispyware, backup and recovery of systems; and
(i) implementation of policies and procedures regarding the appropriate use of our information and communication technology systems, databases and equipment.
5.2 What happens if we no longer need your personal information?
If we no longer need your personal information for any purpose, we will take reasonable steps to destroy or permanently de-identify the information, unless:
(a) the information is contained in a Commonwealth record; or
(b) we are required by law, or a court/tribunal order, to retain the information.
6. PURPOSES FOR COLLECTING, HOLDING, USING AND DISCLOSING INFORMATION
We collect, hold, use and disclose your personal information for the purpose it was collected and related purposes, including:
(a) to identify you;
(b) to obtain a credit report;
(c) to consider your credit worthiness;
(d) to assess and process your credit application;
(e) to assist a co-borrower or prospective co-borrower to decide whether to become or remain a co-borrower;
(f) to participate in the credit reporting system;
(g) to verify employment and income details;
(h) to ascertain your whereabouts;
(i) to recover goods;
(j) to dispose of goods that we have a security interest over;
(k) to provide you with credit;
(l) to respond to your requests and complaints;
(m) to manage your accounts;
(n) to comply with any applicable laws, regulations or code of practice;
(o) to collect overdue payments;
(p) to manage and deal with any possible legal actions, including dispute resolution;
(q) to train staff and control service quality;
(r) for administrative purposes;
(s) for any other purpose connected with your credit application or your credit contract; and
(t) for any other purpose for which you have given your consent.
7. USE AND DISCLOSURE OF INFORMATION
7.1 Use and disclosure of personal information
We will not use or disclose personal information we hold about you that was collected for a particular purpose for another purpose, unless:
(a) you have consented to the use or disclosure of the information for another purpose; or
(b) the use or disclosure is otherwise permitted under the Privacy Act (e.g. you would reasonably expect us to use or disclose the information for another purpose or the use or disclosure of the information is required or authorised by law or a court/tribunal order).
7.2 Disclosure to third parties
Sometimes we may disclose personal information about you to third parties. Examples of third parties that we may disclose your personal information to include, but are not limited to:
(a) credit reporting bodies;
(b) other credit providers;
(c) debt collection agencies;
(d) any person named in your credit application;
(e) authorised representatives, including any person who has authority to act on your behalf;
(f) your co-borrower or a prospective co-borrower;
(g) our external dispute resolution scheme, the Financial Ombudsman Service;
(h) our service providers involved in helping us to perform our functions and services, including introducers, mercantile agents, auction houses, accountants and legal advisors;
(i) our related entities;
(j) any insurer to which we have paid an insurance premium on your behalf;
(k) our dealers for the purpose of advising the dealer of the acceptance or rejection of your credit application;
(l) as required or authorised by law or a court/tribunal order; and
(m) any other person where you have given your consent.
7.3 Credit information
We will not disclose credit information unless the use or disclosure is permitted under the Privacy Act.
7.4 Disclosure of credit information to credit reporting bodies
As outlined above, we may disclose your credit information to one or more credit reporting bodies. The contact details of the credit reporting bodies we currently use are outlined below:
Each credit reporting body outlined above has a credit reporting policy about how they handle your credit information. For more information, or to request a copy of their credit reporting policies, you can contact them directly.
7.5 Overseas recipients
We are not likely to disclose your personal information to any overseas organisations or entities.
Where your personal information is disclosed, we will seek to ensure that information is used, held and disclosed consistently with the Privacy Act and any other applicable laws.
8. QUALITY OF PERSONAL INFORMATION
We will take reasonable steps to ensure that any personal information we collect, use or disclose is accurate, complete, up-to-date and relevant to our functions or activities.
If you believe that your personal information is not accurate, complete or up to date, please contact the Customer Relations Manager in accordance with paragraph 15.1 of this policy.
9. ACCESS TO PERSONAL INFORMATION
9.1 Requesting access
You may at any time request access to personal information (including credit eligibility information) we hold about you. We will give you access to that information, unless an exception in the Privacy Act applies.
You can request access to your personal information by contacting our Customer Relations Manager in accordance with paragraph 15.1 of this policy.
9.2 Dealing with access requests
We will respond to a request for access within a reasonable time (usually 30 days), and give you access in the manner you request, if it is reasonable and practicable to do so.
We may need to verify your identity before we give you access to your personal information.
9.3 Access fees
Depending on the nature of the request, we may charge you a small fee to access that information.
9.4 Refusal to give access
If we refuse to give you access, we will:
(a) take reasonable steps to give you access in a manner that meets our needs as well as yours; and
(b) provide you with a written notice outlining the:
(i) reasons for our decision, provided it is reasonable to do so; and
(ii) mechanisms available to complain about the refusal.
10. ACCESS TO CREDIT ELIGIBILITY INFORMATION
10.1 Dealing with access requests
If you request access to credit eligibility information, we will:
(a) take reasonable steps to provide you with an easy way to obtain access to the information;
(b) provide you with access within 30 days of the request (unless unusual circumstances apply);
(c) make the information clear and accessible;
(d) provide reasonable explanations and summaries of the information; and
(e) ask you to check with credit reporting bodies what information they hold about you to ensure that you have access to the most up-to-date information.
10.2 Refusal to give access
If we refuse to give you access to your credit eligibility information, we will give you a written notice that:
(a) sets out the reasons for the refusal provided it is reasonable to do so; and
(b) states that, if you are not satisfied with the response to the request, you may complain to our external dispute resolution scheme or the Office of the Australian Information Commissioner.
11. CORRECTING PERSONAL INFORMATION
11.1 Requesting correction
If you think that any personal information we hold about you is incorrect, inaccurate, out-of-date, incomplete, irrelevant or misleading, you may request us to correct the information by contacting the Customer Relations Manager in accordance with paragraph 15.1 of this policy.
11.2 Correcting information
We will take reasonable steps to correct that information.
11.3 Dealing with correction requests
We will respond to a correction request within a reasonable time (usually 30 days).
We may need to verify your identity before we correct your personal information.
11.4 Notification of correction to third parties
If we correct your personal information that we have previously disclosed to another entity, and you ask us to tell the other entity about the correction, we will take reasonable steps to tell the other entity about the correction, unless it is impractical or unlawful to do so.
11.5 Refusal to correct information
If we refuse to correct the personal information, then we will give you a written notice that sets out the:
(a) reasons for our decision, provided it is reasonable to do so; and
(b) mechanisms available to complain about the refusal.
12. CORRECTION OF CREDIT INFORMATION
We are required to do some additional things if you ask us to correct credit information.
12.1 Dealing with correction requests
We will take reasonable steps to correct your credit information within 30 days (or such other period as you have agreed in writing).
Where necessary to resolve the correction request, we will consult other credit reporting bodies or credit providers.
If we are able to correct your credit information, we will provide you with a written notice of the correction within 5 business days.
If we correct credit information we have previously disclosed to a third party, we will give each recipient of the information written notice of the correction within a reasonable time, unless it is impracticable and unlawful to do so.
12.4 Correction fees
We will not charge you a fee for making a request to correct information.
12.5 Refusal to correct
If we refuse to correct the credit information, we will provide you with a written notice that:
(a) states that the correction has not been made;
(b) sets out the reasons for the refusal; and
(c) states that, if you are not satisfied with the response to the request, you may complain to our external dispute resolution scheme or the Office of the Australian Information Commissioner, unless we are required by law or a court/tribunal order, not to give this notice.
You have the option to remain anonymous, or to use a pseudonym when dealing with us where it is lawful and practical to do so.
14. GOVERNMENT RELATED IDENTIFIERS
In certain circumstances we may be required to collect government-related identifiers such as your Medicare number, Centrelink reference number, drivers licence number, passport number and individual healthcare identifiers.
We will not use or disclose this information unless the use or disclosure is permitted under the Privacy Act.
15. COMPLAINTS ABOUT PERSONAL INFORMATION
(a) have any issues about the way we handle your personal information after reading this policy;
(b) become aware of a potential breach of privacy; or
(c) wish to make a complaint, please contact our Customer Relations Manager.
Complaints can be made in writing or orally to:
Customer Relations Manager
Telephone: 1300 623 234
Mail: 8c Lampton Avenue, Derwent Park, Tas. 7009
15.2 External complaint mechanism
If you are not happy with the outcome of the Customer Relations Manager’s investigation or we have not replied to you within a reasonable time, then you can raise your concern with our external dispute resolution scheme or the Office of the Australian Information Commissioner (OAIC).
Complaints can be made to OAIC in the following ways:
Office of the Australian Information Commissioner
Telephone: 1300 363 992
Mail: Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001
16. ADDITIONAL CONSIDERATIONS FOR COMPLAINTS ABOUT CREDIT INFORMATION
16.1 Access and correction requests
If your complaint relates to how we have handled your access and correction requests, you may take your complaint directly to our external dispute resolution scheme or the Office of the Australian Information Commissioner.
16.2 Complaints about credit information
If you make a complaint about credit information (other than access or correction requests), we will give you a notice outlining how we will deal with it within 7 days.
16.3 Extensions of time
If a decision about the compliant cannot be made within 30 days, we will ask you for an extension of time to resolve the compliant.
A decision must be made in relation to the complaint within 30 days or longer period agreed to by you in writing. If you have any concerns you may complain to our external dispute resolution scheme or the Office of the Australian Information Commissioner.
Last updated in July 2014