WHAT PRIVACY LAW APPLY TO MACARTHUR BMW?
Whenever Macarthur BMW collects, holds, uses, discloses or otherwise deals with any personal information, Macarthur BMW is bound by and must comply with the Privacy Act 1988 (Privacy Act) and with the 13 Australian Privacy Principles (APPs) in the Privacy Act.
COLLECTION OF PERSONAL INFORMATION
Personal information includes any information or opinion about an identified, or reasonably identifiable, individual. The kinds of personal information Macarthur BMW collects will vary depending on the particular circumstances and the types of products and services provided to you. Generally, the kinds of personal information Macarthur BMW 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 Macarthur BMW; and
- any other personal information which Macarthur BMW is required or authorised to collect under Australian law, for example for identity verification purposes or a court/tribunal order.
- Macarthur BMW may also collect sensitive information about you, including health information, where necessary in the circumstances. Macarthur BMW will not collect sensitive information about you unless you have consented or the collection is otherwise required or authorised by law.
COLLECTION OF PERSONAL INFORMATION
Generally, Macarthur BMW collects personal information directly from you through:
- Macarthur BMW websites and the completion of online forms, contact with Macarthur BMW 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 publically 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 Macarthur BMW 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 Macarthur BMW 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, Macarthur BMW only collect personal information from sources other than you if it is unreasonable or impracticable to collect the personal information from you. Purposes for which Macarthur BMW collect personal information Macarthur BMW 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 Macarthur BMW 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 Macarthur BMW 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 Macarthur BMW;
- other purposes about which Macarthur BMW 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 Macarthur BMW on an anonymous basis or under a pseudonym. However, without certain information and/or without being able to identify you, Macarthur BMW 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
DISCLOSURE OF PERSONAL INFORMATION
Macarthur BMW may disclose your personal information on a confidential basis to:
- BMW Group Australia/Manufacturer
- 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 to carry out the particular purpose;
- if applicable to other companies which are part of the Macarthur BMW Group;
- third parties engaged to perform administrative or other services;
- other service providers and business partners; and
- to AUSTRAC or other government agencies or bodies in respect of any suspicious or threshold transactions or activities.
As detailed above Macarthur BMW may collect, use and disclose your personal information to inform you of products, services or offers of Macarthur BMW or its business partners which may be of interest to you.
Macarthur BMW 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 Macarthur BMW to use or disclose your personal information for direct marketing purposes, the Macarthur BMW Resolution Officer can be contacted on the details set out in paragraph 10.
Generally, Macarthur BMW will not directly market to you unless you have been given an opportunity to opt out of receiving future direct marketing communications. However, if Macarthur BMW contacts you for the purpose of direct marketing, without having obtained your prior consent, Macarthur BMW will explain that you can opt out and tell you how to opt out of receiving any further marketing communications.
SECURITY OF PERSONAL INFORMATION
Macarthur BMW 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.
Macarthur BMW 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 Macarthur BMW in hard copy or electronic forms by their service providers (such as offsite document storage providers or electronic data storage providers).
Macarthur BMW 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 Macarthur BMW and to treat personal information in accordance with the Privacy Act.
Macarthur BMW 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.
ACCESS AND CORRECTION - PERSONAL INFORMATION
Macarthur BMW 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 Macarthur BMW. Requests for access and correction can be made to the Macarthur BMW Resolutions Officer on the contact details set out in paragraph 10.
Macarthur BMW 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 Macarthur BMW, you will need to provide proof of your identity and be reasonably specific about the information you require. Macarthur BMW may charge you a reasonable administration fee, which reflects the cost to Macarthur BMW of providing access in accordance with your request. Access will normally be given in the manner requested if it is possible or otherwise Macarthur BMW will take reasonable steps to give access in a way that meets your needs and the needs of Macarthur BMW.
If Macarthur BMW refuses a request for access or correction, written reasons for the refusal and details of complaint mechanisms will be provided. Macarthur BMW will endeavour to respond to a request for access or correction within 30 days from the request.
COMPLAINTS - PERSONAL INFORMATION
If you believe that Macarthur BMW has not dealt with your personal information in a manner that complies with the Privacy Act and the APPs, you should contact the Macarthur BMW 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 Macarthur BMW.
The Macarthur 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.
HOW TO CONTACT MACARTHUR BMW
For further information or enquiries regarding Macarthur BMW’s handling of personal information, or to opt-out of receiving any promotional communications, please contact the Macarthur BMW Resolution Officer on the following details:
Macarthur BMW Resolutions Officer
10 Yarmouth Place
Narellan NSW 2567
Phone: (02) 4660 0200 (Opt 4)
PRIVACY AND COLLECTION STATEMENTS