This webpage contains:
1. BMW GROUP PRIVACY AND CREDIT INFORMATION POLICY
2. BMW AUSTRALIA FINANCE STATEMENT OF NOTIFIABLE MATTERS
1. Application of this Privacy and Credit Information Policy
At BMW Group, the privacy of personal information is important. This document sets out the Privacy and Credit Information Policy of:
and explains how BMW and BMWAF manage personal information. This document also sets out BMWAF’s policy in relation to the management of credit information and credit eligibility information, such as information about applications you make to BMWAF for credit, information about credit accounts you have with BMWAF and information BMWAF obtains from credit reporting bodies (CRBs).
2. What privacy laws apply to BMW and BMWAF?
Whenever BMW or BMWAF collects, holds, uses, discloses or otherwise deals with any personal information, BMW and BMWAF are bound by and must comply with the Privacy Act 1988 (Privacy Act) and with the 13 Australian Privacy Principles (APPs) in the Privacy Act. In handling your credit information and credit eligibility information, BMWAF also complies with the credit reporting provisions of the Privacy Act and the Credit Reporting Code.
3. Types of personal information
Personal information includes any information or opinion about an identified, or reasonably identifiable, individual.
The kinds of personal information BMW and BMWAF collect will vary depending on the particular circumstances and the types of products and services provided to you. Generally, the kinds of personal information BMW and BMWAF may collect include:
BMW or BMWAF may also collect sensitive information about you, including health information, where necessary in the context of hardship and collections activities. BMW and BMWAF will not collect sensitive information about you unless you have consented or the collection is otherwise required or authorized by law.
4. Types of credit information
If you make an application for commercial or consumer credit with BMWAF, are provided with or receive credit from BMWAF or guarantee the obligations of another under their credit arrangements with BMWAF, in addition to other types of personal information, BMWAF may collect, hold, use and disclose a range of credit information and credit eligibility information (referred to in this policy as credit information) including:
5. Collection of personal information
Generally, BMW and BMWAF collect personal information directly from you through:
There may be occasions when BMW or BMWAF collects personal information from other sources including:
Generally, BMW and BMWAF only collect personal information from sources other than you if it is unreasonable or impracticable to collect the personal information from you.
6. Collection of credit information
In addition to personal information generally, BMWAF also collects credit information from a range of sources including from:
7. Automated collection of information via website
BMW and BMWAF collect statistics about the use of our websites to help make the sites more usable. We do this using software techniques such as cookies (which is described in more detail below). While this information is about users, BMW and BMWAF do not use these tools to identify individual users of the websites.
Cookies
Cookies are pieces of information that the websites use to recognise repeated usage, facilitate better access to and use of the website. The use of cookies is standard and you will find that most websites use them. Most internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your internet browser to refuse cookies or to warn you when cookies are being used. However, if you disable cookies, this may affect the functionality of our website for you.
8. BMW and BMWAF’s purposes for which they require personal information
BMW and BMWAF collect, hold, use and disclose personal information where it is reasonably necessary for one or more of their functions and activities as companies in the business of manufacturing, selling and financing vehicles, parts, accessories and other related products and services.
Accordingly, BMW and BMWAF require your personal information if reasonably necessary for the purposes of:
Where personal information is used or disclosed, BMW or BMWAF (as applicable) will take steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are not obligated to provide your personal information to BMW or BMWAF. However, without certain information, BMW and/or BMWAF may not be able to provide their products and/or services to you.
9. BMWAF’s purposes for which BMWAF requires credit information
In addition to personal information generally, BMWAF also collects, holds, uses and discloses credit information for purposes relating to the provision and administration of finance and insurance products offered by BMWAF, including to:
10. Disclosure of personal information
BMW and BMWAF disclose personal information for the purposes for which it is collected. That is, generally, BMW and BMWAF will only disclose personal information for a purpose set out in paragraph 8. This may include disclosing your personal information to BMW Dealers or authorised credit representatives or call centre operators or brokers of BMWAF so that they may use the personal information for one or more of the purposes set out in paragraph 8 or to assist BMW or BMWAF to carry out the particular purpose. BMW Dealers or authorised credit representatives brokers of BMWAF may in turn disclose your personal information they have collected from BMW or BMWAF to:
These disclosures are always on a confidential basis or otherwise in accordance with law.
BMW and BMWAF may also disclose your personal information with your consent or if disclosure is required or authorised by law (including to AUSTRAC in respect of any suspicious or threshold transactions or activities).
11. Disclosure of credit information
Without limiting the above, BMWAF may disclose credit information for the purposes set out in paragraph 9, subject to BMWAF’s obligations under the Privacy Act. This may include BMWAF disclosing credit information to:
In particular, BMWAF may disclose to CRBs:
Each CRB has a policy on its management of credit-related personal information can be accessed by contacting them as follows:
Equifax
Equifax Australia Information Services and Solutions Pty Limited
PO Box 964
North Sydney NSW 2059
Phone: 13 83 32
Website: https://www.equifax.com.au/privacy
Experian
Experian Australia Credit Services Pty Ltd
Level 6/549 St Kilda Road
Melbourne VIC 3004
Phone: (03) 8622 1600
Website: http://www.experian.com.au/legal/privacy.html
illion (formerly Dun & Bradstreet)
479 St Kilda Road
Melbourne VIC 3004
Phone: 13 23 33
Website: http://dnb.com.au/privacy-policy.html
Equifax, Experian and illion or any other CRB to whom BMWAF discloses your credit information, may include your personal information including credit information, disclosed to it by BMWAF, in reports that are then provided to other credit providers for the purpose of those providers assessing your credit worthiness.
12. Direct marketing
As detailed above BMW and/or BMWAF may collect, use and disclose your personal information to inform you of products, services or offers of BMW, BMWAF or their respective business partners which may be of interest to you.
This may include BMW or BMWAF disclosing your personal information to any of the following entities for the purpose of them contacting you regarding such offers or information (which may include offers or information about the products or services of the entity):
BMW or BMWAF may contact and communicate with you for the purpose of direct marketing via BMW or BMWAF websites, social media and other similar websites, the telephone, post, facsimile, email or SMS.
If you do not want to receive this information or do not want BMW or BMWAF to use or disclose your personal information for direct marketing purposes, the BMW Resolution Officer can be contacted on the details set out in paragraph 18.
Generally, BMW and BMWAF will not directly market to you unless you have been given an opportunity to opt out of receiving future direct marketing communications.
However, if BMW or BMWAF contacts you for the purpose of direct marketing, without having obtained your prior consent, BMW or BMWAF (as applicable) will provide you with the opportunity to opt out of receiving any further marketing communications.
Additionally, BMWAF will not use or disclose your credit information for direct marketing purposes except in accordance with a pre-screening process as prescribed by the Privacy Act. Such a process would involve BMW or BMWAF, as applicable, nominating eligibility requirements against which the CRB would assess your eligibility to receive direct marketing communications from BMWAF. BMWAF does not receive the results of this pre-screening process.
You may make a request directly to the CRBs on the contact details above not to use your credit information for these purposes.
13. Overseas disclosures
BMW and BMWAF may disclose personal information (including credit information) to overseas recipients in order to provide their products and/or services and for administrative or other business management purposes.
While it is not practicable to list every country in which such recipients may be located, the locations of recipients of such disclosures are likely to include Germany, Philippines and the United States of America.
14. Security of personal information and credit information
BMW and BMWAF each take steps reasonable in the circumstances to ensure that the personal information they hold, and credit information held by BMWAF is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.
BMW and BMWAF hold personal information, and BMWAF holds credit 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 BMW and BMWAF, and credit information held on behalf of BMWAF, in hard copy or electronic forms by their service providers (such as offsite document storage providers or electronic data storage providers).
BMW and BMWAF require employees, service providers, BMW Dealers and other entities to which they disclose personal information to, and which BMWAF discloses credit information to, to comply with confidentiality and security requirements regarding personal information held on behalf of BMW or BMWAF and to treat personal information, and credit information in accordance with the Privacy Act.
BMW and BMWAF take steps reasonable in the circumstances to destroy or permanently de-identify any personal information, and credit information held in circumstances where it is no longer required, unless the retention of the personal information is otherwise required or authorised by law.
If you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud, you may request the CRBs not to use or disclose credit-related personal information it holds about you by contacting the CRBs on the details set out above.
15. Access and correction - personal information and credit information
BMW and BMWAF take 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. BMWAF takes steps reasonable in the circumstances to ensure credit information it holds is accurate, up-to-date, complete, relevant and not misleading.
You have a right to request access to, and seek correction of your personal information held by BMW and BMWAF, and credit information held by BMWAF. All such requests can be made to the BMW Resolutions Officer on the contact details set out in paragraph 19.
BMW or BMWAF (as applicable) will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information, or credit information held by BMWAF, where necessary and appropriate.
To obtain access to your personal information held by BMW or BMWAF, or your credit information held by BMWAF, you will need to provide proof of your identity and be reasonably specific about the information you require. BMW or BMWAF may charge you a reasonable administration fee, which reflects the cost to BMW or BMWAF of providing access in accordance with your request.
Where necessary to resolve a request for correction to your credit information, BMWAF may also consult with other relevant entities including, but not limited to, Equifax, Experian or illion and other credit providers. Alternatively, if you would like to access credit information held about you by the CRB, please contact the CRB on the contact details set out above.
BMW and BMWAF will endeavour to respond to a request for access or correction within 30 days from the request.
If BMW or BMWAF refuses a request for access or correction of your personal information, written reasons for the refusal and details of complaint mechanisms will be provided. BMW or BMWAF (as applicable) will also take steps reasonable in the circumstances to provide access in a manner that meets your needs and the needs of BMW or BMWAF.
If BMWAF refuses your request to access or correct your credit information, BMWAF will provide you with written reasons for the refusal and details of complaint mechanisms. If you are dissatisfied with BMWAF’s refusal to grant access to, or correction of, your credit information, you may make a complaint to the Office of the Australian Information Commissioner, or to the Australian Financial Complaints Authority (AFCA). AFCA provides fair and independent financial services complaint resolution that is free to consumers and can be contacted on the following details
Website: www.afca.org.au
Email: info@afca.org.au
Telephone: 1800 931 678 (free call)
In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001
16. Complaints - personal information
If you believe that BMW or BMWAF has not dealt with your personal information in a manner that complies with the Privacy Act and the APPs, you should contact the BMW Resolutions Officer on the contact details set out in paragraph 18. Generally, you will be required to put your complaint in writing. If appropriate, BMW or BMWAF may refer you to the relevant BMW Dealer or organisation.
Privacy complaints will:
The BMW 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 on the following details:
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
17. Complaints - credit information
If you believe that BMWAF has not dealt with your credit information in a manner that complies with the Privacy Act or the Credit Reporting Code, you should contact the BMW Resolutions Officer using the contact details set out in paragraph 18. You will generally be required to put your complaint in writing. Upon receiving a complaint relating to credit information:
BMWAF will acknowledge your complaint within 7 days of receipt and make a decision about it within 30 days, unless you agree to a longer period in writing BMWAF may consult with relevant third parties, such as the CRB or other credit providers, in order to sufficiently and expeditiously resolve your complaint and BMW will treat your complaint seriously, promptly and confidentially.
A complaint will not affect existing obligations or the commercial arrangements between you and BMWAF.
If your complaint relates to BMWAF’s refusal to provide access to, or correction of, your credit information, or if you are dissatisfied with the outcome of your complaint, you may complain to the Office of the Australian Information Commissioner, or AFCA, on the details set out above.
18. How to contact BMW or BMWAF
For further information or enquiries regarding BMW or BMWAF’s handling of personal information and credit information, or to opt-out of receiving any promotional communications, please contact the BMW Resolution Officer on the following details:
BMW Resolutions Officer
783 Springvale Road,
Mulgrave Victoria 3170, Australia
Email: ResolutionsOfficer@bmwfinance.com.au
19. Transparency
A copy of this Privacy and Credit Information Policy will be made available to anyone who requests it and a link to this Privacy and Credit Information Policy will be provided from the website www.bmw.com.au.
A request for a copy of this Privacy and Credit Information Policy may be made to the BMW Resolutions Officer on the details in paragraph 18 or by calling 03 9264 4492.
20. Changes to this Privacy and Credit Information Policy
This Privacy and Credit Information Policy may be reviewed and amended from time to time. Any updated Privacy and Credit Information Policy will be made available on the website www.bmw.com.au or otherwise on request.
21. Privacy and Collection Statements
BMW and BMWAF may also issue privacy and collection statements through their website or other points of contact and collection which will refer to this Privacy and Credit Information Policy but will also give more specific information about the collection, use and disclosure of personal information being collected at that time (by reference to the relevant circumstances of collection).
BMW AUSTRALIA FINANCE STATEMENT OF NOTIFIABLE MATTERS.
The Privacy (Credit Reporting) Code 2014 requires BMW Australia Finance Ltd (“BMWAF”, "we", "us" or "our") to disclose to you a number of “notifiable matters” at or before the time we collect personal information which is likely to be disclosed to a credit reporting body.
These notifiable matters are set out in this Statement of Notifiable Matters.
1. Privacy and Credit Information Policy
Our Privacy and Credit Information Policy sets out how we manage your credit-related personal information. This policy is set out above, on this webpage, and you can go to the policy by clicking on this link.
2. Credit reporting bodies and how they handle your personal information
2.1 The credit reporting bodies that we are likely to disclose personal information to are Equifax, Experian and illion and their contact details are:
(a) Equifax, PO Box 964, North Sydney NSW 2059 (https://www.equifax.com.au/);
(b) Experian Australia Credit Services Pty Ltd, Level 6/549 St Kilda Road, Melbourne VIC 3004 (www.experian.com.au); and
(c) illion (formerly Dun & Bradstreet), 479 St Kilda Road, Melbourne VIC 3004 (http://dnb.com.au/).
2.2 For information on how these credit reporting bodies manage credit-related personal information, please see their privacy policies by visiting the links above.
2.3 Credit reporting bodies to whom BMWAF discloses your personal information may include that information in reports provided to other credit providers to assist them to assess your credit worthiness. Credit reporting bodies may share information we provide with other credit providers.
2.4 If you fail to meet your payment obligations in relation to consumer credit or commit a serious credit infringement, we may be entitled to disclose this to a credit reporting body.
3. Your rights
3.1 You have a right to:
(a) access or request the correction of personal information we hold about you;
(b) make a complaint to BMWAF about a breach by us of the Privacy Act or the Privacy (Credit Reporting) Code 2014 in relation to your information.
3.2 You also have a right to request credit reporting bodies:
(a) not to use their credit reporting information for the purposes of pre-screening of direct marketing by a credit provider; or
(b) not to use or disclose credit reporting information if you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud.
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