1 WHAT PRIVACY LAW APPLY TO ADVANTAGE MOTORCYCLES?
Whenever Advantage Motorcycles collects, holds, uses, discloses or otherwise deals with any personal information, Advantage Motorcycles is bound by and must comply with the Privacy Act 1988 (Privacy Act), the 13 Australian Privacy Principles (APPs) in the Privacy Act and the Spam Act 2003 (Cth).
2 COLLECTION OF PERSONAL INFORMATION
Personal information includes any information or opinion about an identified, or reasonably identifiable, individual.
The kinds of personal information Advantage Motorcycles collects will vary depending on the particular circumstances and the types of products and services provided to you. Generally, the kinds of personal information Advantage Motorcycles may collect include:
- Contact and identification information such as your name, residential and/or business address, email address, contact numbers, date of birth and driver's licence details;
- Your employment history, education and qualifications;
- Vehicle details such as details of any vehicle purchased or financed, purchase date and the name of another authorised BMW or MINI or Motorrad dealer, to the extent such information identifies, or could reasonably identify, you;
- Warranty and service details, to the extent such information identifies, or could reasonably identify, you;
- Information about you that is collected from marketing campaigns, product research and customer surveys;
- Any other information you provide to Advantage Motorcycles; and
- Any other personal information which Advantage Motorcycles is required or authorised to collect under Australian law, for example for identity verification purposes or a court/tribunal order.
Advantage Motorcycles may also collect sensitive information about you, including health information, where necessary in the circumstances. Advantage Motorcycles will not collect sensitive information about you unless you have consented or the collection is otherwise required or authorised by law.
3 COLLECTION OF PERSONAL INFORMATION
Generally, Advantage Motorcycles collects personal information directly from you through:
- Advantage Motorcycles websites and the completion of online forms, contact with Advantage Motorcycles personnel with whom you interact, whether in person or by way of email, telephone, SMS or fax communications or correspondence sent via post;
- Publicly maintained records or other publicly available sources of information including social media and other similar websites; and
- Marketing campaigns including competitions, promotions, events, sponsorships or through other partnerships.
There may be occasions when Advantage Motorcycles collects personal information from other sources including:
- BMW Australia Ltd or BMW Australia Finance Ltd;
- Other BMW Dealers;
- If applicable, other companies which are part of the Advantage Motorcycles Group;
- Service providers and business partners such as roadside assistance and accident management providers, fleet services provider and insurance providers; and
- Publicly maintained records.
Generally, Advantage Motorcycles only collects personal information from sources other than you if it is unreasonable or impracticable to collect the personal information from you.
4 PURPOSES FOR WHICH ADVANTAGE MOTORCYCLES COLLECT PERSONAL INFORMATION
Advantage Motorcycles collects, holds, uses and discloses personal information that is reasonably necessary for one or more of their functions and activities as companies in the business of selling vehicles, parts, accessories and other related products and services.
The main purposes for which Advantage Motorcycles collect, hold, use and disclose your personal information are:
- Sales and aftersales activities including the provision of warranty services;
- Customer support, care and information and managing relationships with customers;
- Managing or administering the services Advantage Motorcycles provides;
- Recruitment of employees, consultants and contractors;
- Undertaking customer surveys and analysis;
- Marketing activities, including the communication of information about the products and services of Advantage Motorcycles;
- Other purposes about which Advantage Motorcycles informs you when your personal information is collected or to which you have otherwise consented;
- Related purposes which would be reasonably expected in the circumstances; or
- Any purposes otherwise permitted or required by any Australian law or court/tribunal order.
You may choose not to provide some or all of your personal information and you may choose to deal with Advantage Motorcycles on an anonymous basis or under a pseudonym. However, without certain information and/or without being able to identify you, Advantage Motorcycles may not be able to provide their products and/or services to you. For example, by law you identity may need to be verified before you can receive certain products or services
5 DISCLOSURE OF PERSONAL INFORMATION
Advantage Motorcycles may disclose your personal information on a confidential basis to:
- Other BMW Dealers so that they may use the personal information for one or more of the purposes set out in paragraph 4 or to assist Advantage Motorcycles to carry out the particular purpose;
- if applicable to other companies which are part of the Advantage Motorcycles Group;
- third parties engaged to perform administrative or other services;
- other service providers and business partners;
- to AUSTRAC or other government agencies or bodies in respect of any suspicious or threshold transactions or activities; and
- to Original Equipment Manufacturers (OEMs) such as BMW Australia Ltd.
6 DIRECT MARKETING
As detailed above Advantage Motorcycles may collect, use and disclose your personal information to inform you of products, services or offers of Advantage Motorcycles or its business partners which may be of interest to you.
Advantage Motorcycles may contact and communicate with you for the purpose of direct marketing via its websites, social media and other similar websites, the telephone, post, facsimile, email or SMS.
If you do not want to receive this information in a particular way or at all or you do not want Advantage Motorcycles to use or disclose your personal information for direct marketing purposes, the Advantage Motorcycles Resolution Officer can be contacted on the details set out in paragraph 10.
Generally, Advantage Motorcycles will not directly market to you unless you have been given an opportunity to opt out of receiving future direct marketing communications.
However, if Advantage Motorcycles contacts you for the purpose of direct marketing, without having obtained your prior consent, Advantage Motorcycles will explain that you can opt out and tell you how to opt out of receiving any further marketing communications.
7 SECURITY OF PERSONAL INFORMATION
Advantage Motorcycles take steps reasonable in the circumstances to ensure that the personal information they hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.
Advantage Motorcycles holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.
Personal information may also, in certain circumstances, be held on behalf of Advantage Motorcycles in hard copy or electronic forms by their service providers (such as offsite document storage providers or electronic data storage providers).
Advantage Motorcycles require employees, service providers and other entities to which they disclose personal information to comply with confidentiality and security requirements regarding personal information held on behalf of Advantage Motorcycles and to treat personal information in accordance with the Privacy Act.
Advantage Motorcycles takes steps reasonable in the circumstances to destroy or permanently de-identify any personal information held in circumstances where it is no longer required, unless the retention of the personal information is otherwise required or authorised by law.
8 ACCESS AND CORRECTION - PERSONAL INFORMATION
Advantage Motorcycles takes steps reasonable in the circumstances to ensure that the personal information they collect, hold, use and disclose is accurate, complete, up-to-date, relevant and not misleading.
You have a right to access and seek correction of your personal information held by Advantage Motorcycles. Requests for access and correction can be made to the Advantage Motorcycles Resolutions Officer on the contact details set out in paragraph 10.
Advantage Motorcycles may refuse access if a circumstance in Australian Privacy Principle 12.2 exists and will take steps reasonable in the circumstances to correct personal information if requested or if it is otherwise satisfied the information should be corrected.
To obtain access to your personal information held by Advantage Motorcycles, you will need to provide proof of your identity and be reasonably specific about the information you require. Advantage Motorcycles may charge you a reasonable administration fee, which reflects the cost to Advantage Motorcycles of providing access in accordance with your request. Access will normally be given in the manner requested if it is possible or otherwise Advantage Motorcycles will take reasonable steps to give access in a way that meets your needs and the needs of Advantage Motorcycles.
If Advantage Motorcycles refuses a request for access or correction, written reasons for the refusal and details of complaint mechanisms will be provided.
Advantage Motorcycles will endeavour to respond to a request for access or correction within 30 days from the request.
9 COMPLAINTS - PERSONAL INFORMATION
If you believe that Advantage Motorcycles has not dealt with your personal information in a manner that complies with the Privacy Act and the APPs, you should contact the Advantage Motorcycles Resolutions Officer on the contact details set out in paragraph 10. Generally, you will be required to put your complaint in writing.
Privacy complaints will:
- be treated seriously;
- be dealt with promptly;
- be dealt with in a confidential manner; and
- not affect existing obligations or the commercial arrangements between you and Advantage Motorcycles.
The Advantage Motorcycles Resolutions Officer will commence an investigation into your complaint and inform you of the outcome of the complaint following the completion of the investigation.
In the event you are dissatisfied with the outcome of the complaint, you may refer your complaint to the Office of the Australian Information Commissioner.
10 HOW TO CONTACT ADVANTAGE MOTORCYCLES
For further information or enquiries regarding Advantage Motorcycles handling of personal information, or to opt-out of receiving any promotional communications, please contact the Advantage Motorcycles Resolution Officer on the following details:
Advantage Motorcycles Resolutions Officer
357-359 Old Geelong Road
Hoppers Crossing VIC 3029
Phone: 03 9360 0006
13 PRIVACY AND COLLECTION STATEMENTS