Phil Gilbert Motor Group Privacy Policy as at October 2020
Definitions:
The Dealer means Gillen Motors Pty Ltd t/a Phil Gilbert Motor Group and Phil Gilbert Toyota.
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. Introduction
We understand the importance of, and are committed to, protecting our customer and guest personal information. This Privacy Policy explains how we manage our customer and guest personal information, including our obligations and your rights in respect of our dealings with your personal information.
One Toyota Network
The Dealer is part of the OneToyota network of Toyota organisations in Australia (each a OneToyota organisation), comprising:
- authorised Toyota dealers in Australia;
- Toyota Motor Corporation Australia Limited;
- Toyota Finance Australia Limited;
- Aioi Nissay Dowa Insurance Company Australia Pty Ltd trading as Toyota Insurance; and
- Toyota Western Australia (comprising Prestige Motors Pty Ltd as trustee for the Prestige Toyota Unit Trust and Eastpoint Pty Ltd).
The Dealer and other OneToyota organisations collect and share with each other customer and guest information, including data collected from Connected Services, to provide you an integrated OneToyota guest experience, such as allowing you to be known across the network regardless of which OneToyota organisation you deal with and to provide you with products, services, information and assistance, respond to your enquiries and help keep your information up to date. Your information may be disclosed to OneToyota network service providers in Australia and overseas for these purposes.
For more information about how Toyota Motor Corporation Australia Limited and Toyota Finance Australia Limited handle your information, please see their combined Privacy Policy at www.toyota.com.au/privacy. The privacy policies of Toyota Insurance and Toyota Western Australia are each also available at that address.
2. 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 part of the OneToyota network and as a OneToyota organisation. 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;
- Photographs;
- Testimonials;
- Vehicle registration. Vehicle history including service history 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 part of the OneToyota network and as a OneToyota organisation. 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.
3. Collection and use
Purpose
We collect and use personal information and credit information about our customers and guests so that we can provide our customers and guests, their families and others in their personal network with services, products and benefits in connection with their ownership of the motor vehicle. We also collect and use personal information to contact our customers and guests in case of a vehicle recall or safety issue affecting your vehicle.
Our customers and guests 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.
4. Disclosure
In general, we do not use or disclose our customer and guest personal information or credit information for a purpose other than:
- a purpose set out in this Privacy Policy;
- 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 customer and guest personal information to a OneToyota organisation or any future owner of the motor vehicle. The OneToyota network of Toyota organisations may in turn disclose customer and guest personal information to its related companies including for example, the overseas motor vehicle manufacturer. Both the OneToyota organisations and the overseas motor vehicle manufacturer may have local and overseas business partners that they disclose customer and guest personal information to.
As set out in the introduction, one of the purposes for disclosure to OneToyota organisations and their related companies is to provide you an integrated OneToyota guest experience, such as allowing you to be known across the network regardless of which OneToyota organisation you deal with and to provide you with products, services, information and assistance, respond to your enquiries and help keep your information up to date. Another purpose is in relation to recalls and safety issues that may affect a customer’s and guest’s vehicle.
We may disclose customer and guest credit information to a OneToyota organisation such as Toyota Finance Australia Limited. Toyota Finance Australia Limited may in turn disclose customer and guest credit information to a credit reporting body or to one of its related companies. One of the purposes for disclosure to OneToyota organisations and their related companies is in relation to the provision of finance to assist our customers and guests with the purchase of your new or used (pre-owned) vehicle.
We may also disclose customer and guest 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 our customer and guest personal information.
Customer and guest personal information may be disclosed to an overseas recipient such as Toyota Motor Corporation or Toyota Financial Services in Japan. Other overseas recipients are located in the United States of America and Canada.
5. Access
Our customers and guests may request access to the personal information or credit information that we hold about them by using the contact details provided above.
We will deal with requests for such access within a reasonable time. If we refuse access, we will provide 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 from customers and guests in relation to the costs incurred in providing access to personal information.
6. Accuracy
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.
Our customers and guests may also request that we correct their 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 requests to correct 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 personal information and credit information accordingly. However, where we refuse to correct any personal information and credit information as requested by a customer or guest, we will give a written notice which sets out the reasons for our refusal.
7. Security
We hold customer and guest personal information and credit information in paper-based and electronic files. We take all reasonable steps to ensure that 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 customer and guest personal information and credit information (including when we are no longer required by law to keep records relating to our customers and guests), we ensure that it is destroyed or de-identified.
8. Website
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 customers and guests to provide us with their personal information.
Visiting our website
Anytime a customer or guest access’ an unsecured part of our website, that is, a public page that does not require the customer or guest to log on, we will collect information about the customer or guest visit, such as:
- the time and date of the visit;
- any information or documentation that the customer or guest downloads;
- your browser type; and
- your server address.
Cookies
A "cookie" is a small text file which is placed on a customer or guest internet browser and which we access each time a customer or guest visits our website. When a customer or guest visits our website we use cookies to obtain information about how our website is being used.
Customers and guests may change the settings on their browser to reject cookies.
Email
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.
Customer and guest email addresses will only be used or disclosed for the purpose for which it was provided. It will not be added to any mailing lists or used for any other purpose without your consent.
Security
We make reasonable efforts to ensure that the most up-to-date security measures are used on our website to protect customer and guest 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 customers and guests, is entirely secure. You use our website at your own risk.
Links on our website
Our website may contain links to other OneToyota organisation websites and other third party websites. We advise that the terms of this Privacy Policy do not apply to external websites. If you wish to find out how any other OneToyota organisation or any other third parties handle your personal information, you will need to obtain a copy of their privacy policy.
9. OneToyota Marketing
OneToyota organisations may send you marketing to inform you about products or services, special offers, promotions and events that may be of interest to you. These marketing communications may include joint promotions with promotion partners, and may be sent to you using any contact details provided by you, such as post, phone, email or SMS.
Please note that each of the OneToyota organisations are separate organisations. If you do not wish to receive marketing from one organisation, you can let that organisation know at any time using the contact details in their privacy policy (available on their website or toyota.com.au/privacy) or using the “unsubscribe” or other opt-out function offered by the organisation.
Your consent to receive marketing from a OneToyota organisation will be deemed to be ongoing if you do not opt out when you are offered the opportunity to do so, or unless and until you advise the relevant organisation otherwise.
10. Dealer Marketing
We may use your personal information and credit information, including your contact details, to provide our customers and guests, their families and others in their personal network with information about products and services, including those of third parties, which we consider may be of interest to our customers and guests and them. For example, we may use customer photographs, customer testimonials and customer postcodes to provide information about our products and services to our customers and guests, their families and others in their personal network.
We may also provide your details to other organisations for specific marketing purposes. As mentioned above, OneToyota organisations 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.
Our customers and guests 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.
11. Questions and complaints
If you have any questions, concerns or complaints about this Privacy Policy, or our use of your personal information or credit information, please contact the Privacy Officer at customer@philgilbert.com.au or 02 9735 8400. You can also contact the Privacy Officer if you believe that the privacy of your personal information or credit information has been compromised or is not adequately protected.
Once a complaint has been lodged, the Dealer will respond to you as soon as possible. An appropriate member of staff will address your complaint.
You may also lodge a complaint with the Office of the Australian Information Commissioner by telephone: 1300 363 992 or email: enquiries@oaic.gov.au
12. Changes to the Privacy Policy
We may make changes to this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on our website.