1 What privacy law apply to Westco Motors BMW
Whenever Westco Motors BMW collects, holds, uses, discloses or otherwise deals with any personal information Westco Motors BMW bound by and must comply with the Privacy Act 1988 (Privacy Act) and with the 13 Australian Privacy Principles (APPs) in the Privacy Act.
2 Collection of personal information
Personal information includes any information or opinion about an identified, or reasonably identifiable, individual.
The kinds of personal information Westco Motors 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 Westco Motors 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 Westco Motors BMW; and
- any other personal information which Westco Motors BMW is required or authorised to collect under Australian law, for example for identity verification purposes or a court/tribunal order.
Westco Motors BMW may also collect sensitive information about you, including health information, where necessary in the circumstances. Westco Motors BMW 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, Westco Motors BMW collects personal information directly from you through:
- Westco Motors BMW websites and the completion of online forms, contact with Westco Motors 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 Westco Motors 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 Westco Motors 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, Westco Motors BMW only collect personal information from sources other than you if it is unreasonable or impracticable to collect the personal information from you.
4 Purposes for which Westco Motors BMW collect personal information
Westco Motors 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 Westco Motors 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 Westco Motors 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 Westco Motors BMW;
- other purposes about which Westco Motors 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 Westco Motors BMW on an anonymous basis or under a pseudonym. However, without certain information and/or without being able to identify you, Westco Motors 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
5 Disclosure of personal information
Westco Motors BMW 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 Westco Motors BMW to carry out the particular purpose;
- if applicable to other companies which are part of the Westco Motors 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.
6 Direct marketing
As detailed above Westco Motors BMW may collect, use and disclose your personal information to inform you of products, services or offers of Westco Motors BMW or its business partners which may be of interest to you.
Westco Motors 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 Westco Motors BMW to use or disclose your personal information for direct marketing purposes, the Westco Motors BMW Resolution Officer can be contacted on the details set out in paragraph 10 .
Generally, Westco Motors 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 Westco Motors BMW contacts you for the purpose of direct marketing, without having obtained your prior consent, Westco Motors BMW 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
Westco Motors 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.
Westco Motors 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 Westco Motors BMW in hard copy or electronic forms by their service providers (such as offsite document storage providers or electronic data storage providers).
Westco Motors 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 Westco Motors BMW and to treat personal information in accordance with the Privacy Act.
Westco Motors 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.
8 Access and correction - personal information
Westco Motors 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 Westco Motors BMW Requests for access and correction can be made to the Westco Motors BMW Resolutions Officer on the contact details set out in paragraph 10.
Westco Motors 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 Westco Motors BMW you will need to provide proof of your identity and be reasonably specific about the information you require. Westco Motors BMW may charge you a reasonable administration fee, which reflects the cost to Westco Motors BMW of providing access in accordance with your request. Access will normally be given in the manner requested if it is possible or otherwise Westco Motors BMW will take reasonable steps to give access in a way that meets your needs and the needs of Westco Motors BMW.
If Westco Motors BMW refuses a request for access or correction, written reasons for the refusal and details of complaint mechanisms will be provided.
Westco Motors BMW 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 Westco Motors BMW has not dealt with your personal information in a manner that complies with the Privacy Act and the APPs, you should contact the Westco Motors 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 Westco Motors BMW.
The Westco Motors 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.
10 How to contact Westco Motors BMW
For further information or enquiries regarding Westco Motors BMW’s handling of personal information, or to opt-out of receiving any promotional communications, please contact the Westco Motors BMW Resolution Officer on the following details:
Westco Motors BMW Resolutions Officer
207-209 Newell Street
Cairns, Queensland, 4870
Phone: 07 4044 4111
13 Privacy and Collection Statements