A G Hayes & Sons Pty Ltd Trading as HAYES TOYOTA ACN 000 098 171 (Company, we or us) are aware of the importance of protecting the privacy of individuals who come in contact with us.
We are committed to ensuring the privacy of the personal information we collect in the course of our business. We believe that respect for your privacy forms part of the ongoing trust we wish to develop with you.
We are bound by the 13 Australian Privacy Principles contained in the Privacy Act 1988 (Cth). The Australian Privacy Principles set out the way in which organisations can collect, use, keep secure and disclose personal, including sensitive, information. The Privacy Act also generally gives individuals the right to know what personal information an organisation holds about them and the right to correct that information if it is wrong. Further information on the Australian Privacy law is available from the Office of the Australian Information Commissioner (www.oaic.gov.au).
'Personal information' is information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
What kinds of personal information do we collect and hold?
The personal information we may collect and hold varies and is dependent on the nature of our dealings with you. The kinds of personal information can include but is not limited to:
• address (and previous address if relevant)
• postal address
• telephone number
• mobile number
• driver's licence number and expiry date
• marital status
• number of dependants
• email address
• employment details
• information about your use of Hayes Toyota's products or services
• financial information (including assets, liabilities, income and expenditure)
• credit card details
• trading name
• motor vehicle details (including make, model, registration number, VIN, colour, options and accessories provided, trade in details, price paid, odometer readings, vehicle location, vehicle speed, vehicle diagnostic data, finance and insurance details, roadside assistance services and extended warranty details)
• motor vehicle service history
• photographic or video surveillance footage
The above information is collected and recorded about individuals who interact with us such as:
• our customers, potential customers and their representatives
• our suppliers and their representatives
• contractors and their representatives providing goods and services to us
• our employees past and present, including applicants, and
• any other person who comes into contact with us.
In most cases, if we do not collect the information we require, then we may be unable to undertake certain activities, such as providing you, or the organisation with which you are connected, with the requested information, goods and/or services.
How do we collect personal information?
Generally, when providing goods and services to our customers or obtaining goods and services from our suppliers or contractors, we collect personal information directly from the individuals where reasonable and practical. We may collect personal information directly from you when you:
• provide information to us in any way (including by in person, by facsimile, by email, completing a form, disclosing information over the phone (which may be recorded) by providing us a business card or through the forms on our website)
• visit premises from which we operate
• acquire goods from us or use our services
• request information about us, our products or our services
• provide feedback
• take a car for a test drive or use one of our hire or loan cars
• enter a competition, or
• where we are required or authorised by law to do so.
If you have purchased a vehicle with the Toyota Link system, information such as vehicle diagnostic data, odometer reading, vehicle location and vehicle speed will be collected directly from your vehicle. Please refer to the Toyota Link Subscription Agreement for further details.
Hayes Toyota 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).
Hayes Toyota and other OneToyota organisations collect and share with each other customer and guest information 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.
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.
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.
We may also collect information about you from other sources such as:
• nominated representatives (e.g. spouse, accountant, power of attorney, brokers and other professional advisors)
• forms you have completed on carsales.com.au or drive.com.au
• Toyota Australia and its authorised dealers
• Lexus Australia
• valuers of vehicles,
• vehicle registries and other government authorities (including police, local councils or insurers if, for example, a test drive vehicle is in an accident or receives a fine)
• other credit providers
• third party suppliers who we have arranged to provide products or services to you
• credit reporting bodies
• publicly available sources of information
• referees whose details you have provided to us
• our related companies, and
• lawyers, agents, investigators and insurers.
We will only collect your personal information from third parties if it is unreasonable or impractical to collect the necessary information directly from you or if we are otherwise permitted to do so.
How do we handle sensitive information?
The Privacy Act describes 'sensitive information' as information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual orientation, criminal record, and health information about an individual.
Occasionally, it may be necessary for us to collect sensitive information about you. If you or third parties provide us with sensitive information, we will as a matter of policy only use and disclose the information for the purpose for which it was provided or another directly related purpose, unless you agree otherwise, or where required by law.
Where practical and reasonable, we will only collect sensitive information with your consent.
Why do we collect personal information?
We are committed to providing quality customer service to our clients and to operate our business within statutory requirements and comply with our legal obligations.
We collect and hold personal information in order to operate our business efficiently as well as to provide and market products and/or services for the benefit of our customers.
We collect, hold and use your personal information:
• to identify you, conduct appropriate checks and communicate with you
• to enable the Company to understand your requirements and provide requested goods and services (including new and used vehicles, parts, accessories and any applicable warranties)
• to consider, process and record the purchase of trade-in vehicles
• to assess any request you make for the supply of goods and services by establishing your financial position and credit status (if relevant)
• to assist you to apply for credit or insurance and deal with insurance and finance issues
• confirm that you are properly licensed for the purposes of taking a test drive or using one of our hire vehicles
• process payment for goods and services (including assisting in applications for credit where relevant)
• to coordinate delivery of vehicles
• to carry out vehicle repairs and servicing, supply parts and accessories, supply products such as lubricants and automotive fluids and maintain any applicable warranties
• to arrange for goods and services to be supplied to you by third parties where appropriate (for example, aftermarket parts suppliers, extended warranty and roadside assistance services and financial and insurance products in respect of vehicles purchased from us; or panel beating services or windscreen replacement in respect of cars we are repairing)
• to collect debts
• to manage, train and develop our employees and representatives
• to set up, administer and manage our products and services
• to conduct competitions
• to administer warranty claims
• to maintain records for accounting and administration purposes
• to administer safety-related product recalls
• to analyse customer needs and develop customer strategies
• to help the Company to manage and enhance the goods and services it purchases from its suppliers
• to develop and inform you about the goods and services that the Company considers may be of interest, unless you advises us not to do so
• to protect you and the Company from fraud
• to assess whether to provide commercial credit to you or accept you as a guarantor of commercial credit provided by us
• for business support purposes including maintenance, backup and audit
• to comply with the Company's statutory and legal obligations, and
• to respond to any queries or complaints you may have
When do we disclose your personal information?
We may disclose your personal information to our related entities, to other parties where it is necessary to enable us to provide a product or service, to other third parties or where otherwise permitted by law. We may disclose your personal information to such entities for the purposes set out above. We may disclose your personal information to:
• other companies related to us
• nominated representatives and credit reporting bodies
• other credit providers
• Toyota Motor Corporation Ltd and its contractors and agents
• finance, insurance, extended warranty and roadside assistance providers and aftermarket parts suppliers
• debt collectors
• other companies or individuals who assist the Company in providing products and services to the Company
• professional service providers and advisors who perform functions on the Company's behalf, such as lawyers
• Government, regulatory authorities and other organisations as required or authorised by law (such as the Police).
• providers of outsourced vehicle repair and maintenance services(such as panel beaters and windscreen repairers)
• vehicle and securities registries
• government authorities, police, local council authorities or our insurers (for example, if a test drive or hire/loan vehicle is involved in any parking or traffic infringements or is damaged whilst in your possession)
• financial institutions for payment processing
• referees or guarantors whose details you have provided to us.
To manage and provide cost effective services, we may outsource various tasks to contracted service providers, including:
• website designers and information technology service providers
• marketing and communications agencies
• call centres and call training centres
• mailing houses, freight and courier services
• printers and distributors of direct marketing material
• external business advisors (such as auditors, lawyers and debt collectors)
In the case of contracted service providers, we may disclose personal information to the contracted service provider and the contracted service provider may in turn provide us with personal information collected from you in the course of providing the relevant products or services.
Organisations providing professional services to us are required to keep those dealings and personal information provided by us as confidential unless required to disclose such information by statute or law.
We may disclose your personal information to our third party services providers, including the Toyota Motor Corporation, for them to help us provide services to you. Our third party service providers may store or access your personal information overseas, including in the, USA, United Kingdom, Japan and Sweden.
Job applicants and employees
The Privacy Act provides an exemption for employee records. That is information about an individual if that information directly relates to the act or practice of a current or former employment relationship between the employer and the individual. That exemption may apply in relation to the information held by us about our employees.
Any personal information provided to the Company in connection with job applications may be used to consider the applicant for current and future employment and may be disclosed to our third party advisors to assist us in the selection and recruitment process.
How long do we keep personal information?
We will take reasonable steps to destroy or permanently de-identify personal information that is no longer needed for any purpose that is permitted by the Privacy Act.
Use of Commonwealth government identifiers
We will not use Commonwealth government identifiers (such as driver's licence numbers) as our own identifier of individuals. We will only use or disclose Identifiers in the circumstances permitted by the Privacy Act.
Surveys, Digital Marketing, SMS & MMS opt out
From time to time, we may survey our customers on a range of issues, including new vehicle satisfaction and the quality of our service. These surveys help us to improve our products and services and tailor the way that we do business with you.
We may also use your personal information to send you service reminders and information about our products and services, including special offers.
You consent to us using your personal information for contacting you to conduct surveys and sending you information, including promotional material, about us or our products and services, as well as the products and services of our related entities and third parties, now and in the future. You also consent to us sending you such information by means of mail, email, SMS, telephone calls and facsimile. You can contact us using the contact details specified in Enquiries below if you do not want to be contacted for surveys, digital marketing, SMS & MMS information from us. If you opt out you will still receive safety related messages from us.
Ensuring personal information is up-to-date
We rely on the personal information we hold in conducting our business. We take reasonable steps to ensure that the personal information we hold is accurate, complete and up-to-date. You can help by letting us know about any changes to your personal information, such as your address and phone number.
How do we manage data security?
We hold personal information in paper form, on computer systems, in audio recordings and on video (e.g. security surveillance).
We take reasonable steps to protect the security of your personal information by ensuring it is protected from misuse, loss, interference and from unauthorised access, modification or disclosure. We maintain strict standards and security procedures to prevent unauthorised access to information about you whether it is in an electronic or paper format, and to ensure the correct use of this information
Steps taken to protect personal information include:
• external and internal premises security
• restricted access to staff who need the personal information to perform their day to day functions
• conducting training to ensure that staff are aware that they must only access, use and disclose personal information for appropriate purposes
• maintaining technology products to prevent unauthorised computer access, including identifiers and passwords, security software, and firewalls.
You can access and seek correction of your personal information.
You are generally entitled to access the personal information that we hold about you (in a manner you request, if this is reasonable and practicable). You can contact us using the details below (see Enquiries).
If we cannot provide access to your information, we will generally provide you with the reasons why and the mechanisms available to complain about that refusal. Depending on the nature of the request, we may charge for providing access to this information, however such charge will not be excessive.
If the information we hold about you is inaccurate, incomplete or not up to date you may request that we correct the information by contacting us.
If the personal information we hold about you is not accurate, complete and up to date, we will take reasonable steps to correct the information so that it is accurate, complete and up to date. If we cannot take reasonable steps to correct the information because such correction is not technically possible or would be impracticable for us to perform, we may be unable to continue to provide services to you. In these cases, we will provide reasons for denial of your correction request.
If we refuse to correct your personal information you have the right to associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. We will take such steps that are reasonable in the circumstances to associate that statement with all records containing the relevant information.
It would assist us to ensure we properly understand your request, and allow us to respond more promptly, if requests are made in writing and include as much detail as possible.
How to make a complaint and how do we deal with complaints?
It would assist us to respond to your complaint promptly if it is made in writing. Please include as much information as possible in relation to your complaint and to those parties involved in the alleged breach.
If you feel that we have not satisfactorily addressed your complaint, you may also make a complaint to the Office of the Australian Information Commissioner by visitingwww.oaic.gov.au or by writing to GPO Box 5218 Sydney NSW 2001 or GPO Box 2999 Canberra ACT 2601.
Phone: (02) 6672 1666
Mail: 34-42 Prospero Street, Murwillumbah NSW 2484
This policy was last updated on 24/11/17. If you have any general comments on this policy, please feel free to contact us.