Protecting Your Privacy
At Pakenham Toyota, people’s privacy is important to us. We want our customers to have the best possible products and service so we aim to make efficient use of the personal information we collect from you. We also want our customers to have confidence that, in handling personal information, we provide an appropriate level of privacy.
Pakenham 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).
Pakenham 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.
1. What privacy laws apply to Pakenham Toyota?
The APPs alter substantially the existing National Privacy Principles and cover:
- APP 2: Anonymity & pseudonymity – see section 3
- APP 3: Collection of solicited information – see section 4
- APP 4: Dealing with unsolicited personal information – see section 4
- APP 5: Notification of the collection of personal information – see section 4
- APP 6: Use and disclosure of personal information – see sections 5 and 6
- APP 7: Direct marketing – see section 7
- APP 8: Cross border disclosure of personal information – see section 10
- APP 9: Adoption, use or disclosure of government related identifiers – see section 15
- APP 10: Quality of personal information – see section 8
- APP 11: Security of personal information – see section 9
- APP 12: Access to personal information – see section 10
- APP 13: Correction of personal information – see section 8
From time to time Pakenham Toyota contracts out the services to third parties, for example direct mailing houses, collection agencies, call centre operators, which carry out work that cannot be performed by Pakenham Toyota at our premises. Personal information disclosed to these third parties facilitates the information use disclosed above.
2. What is Personal Information?
Personal information is any information about you that identifies you or by which your identity can be reasonably ascertained. APP 1 requires Pakenham Toyota to take reasonable steps to implement practices, procedures and systems to protect your personal information.
- the kind of personal information Pakenham Toyota collects and holds and how it is collected and held;
- the purposes for which Pakenham Toyota collects, holds, uses and discloses personal information; and
- how an individual may access their personal information held by Pakenham Toyota.
Pakenham Toyota may hold various types of information about you, including the following:
- name, address, email, telephone number, mobile number, gender, date of birth and driver’s licence number;
- vehicle details and warranty and service details;
- any vehicle finance provided to you through Pakenham Toyota;
- information collected from marketing campaigns, product research and customer surveys;
- information contained in a consumer or commercial credit report from a credit reporting body (CRB); and
- any other personal information Pakenham Toyota is required to collect for identification verification purposes.
3. Anonymity & Pseudonymity
Generally, it is not possible for Pakenham Toyota to transact business with you unless we are able to collect the personal information we require. Whenever it is practical or lawful to do so, however, we may offer you the opportunity to deal with us anonymously or through the use of a pseudonym, for instance in making an enquiry about interest rates or any products or services we offer.
Pakenham Toyota may use technology to collect anonymous information about the use of our website, for example, when you browse our website, our service provider logs your server address, the date and time of your visit, the pages and links accessed and the type of browser used. It does not identify you personally and we only use this information for statistical purposes and to improve the content and functionality of our website, to better understand our customers and to improve our services.
4. How does Pakenham Toyota collect and manage personal information?
Pakenham Toyota only collects, uses or discloses personal information about you as allowed by law or where you have given consent. Personal information may be collected directly from you or via other sources such as our website, email, SMS or through a marketing campaign.
Pakenham Toyota may also collect personal information about you from other sources, including a credit reference from a source mentioned in a report from a CRB when assessing your application for the provision of credit.
Whenever Pakenham Toyota collects personal information, we will take reasonable steps to inform you that:
- Pakenham Toyota is collecting the information;
- the purposes for which we are collecting the information;
- the organisations or types of organisations to whom Pakenham Toyota may disclose the information;
- the fact that you can access your information and how you can make a complaint about a breach of the APPs; and
- how you can contact us.
If personal information concerns particular beliefs or backgrounds, such as racial background, religious beliefs, criminal record and the like, it is considered to be of a sensitive nature. Pakenham Toyota does not collect sensitive information.
5. Why personal information is collected by Pakenham Toyota
Pakenham Toyota (including its related bodies corporate) collects personal information from its customers and suppliers, or employees or officers of its customers and suppliers, for purposes relating to the products and services it offers. Those purposes include:
- responding to enquiries regarding vehicles and vehicle sales, products and accessories and services we offer;
- receiving feedback and dealing with complaints;
- processing orders and administering accounts;
- providing customer support;
- vehicle warranties and product recalls;
- marketing and promotional activities and customer surveys; and
- applications for employment.
If we are unable to collect personal information we require, we may not be able to do business with you or the organisation with which you are connected.
Any personal information we collect will only be used for the purposes related to the products and services offered by Pakenham Toyota (and its related bodies corporate) and will not be used or disclosed for other purposes.
Where possible, Pakenham Toyota will collect personal information directly from you. This may take place in a number of ways, such as when you give us a written order or ask us to provide a product or service over the telephone or internet. Our website may also offer interactive facilities, such as customer enquiry or comment forms and competition entry forms, where personal information may be collected.
By providing us with your mobile telephone number and/or email address, you authorise Pakenham Toyota (and its related bodies corporate) to send you, by email and/or SMS, marketing and promotional information and material and customer surveys. The messages will be accompanied by a functional unsubscribe facility.
Regardless of who provides personal information to us, it will always be handled by Pakenham Toyota in accordance with the APPs.
6. Do we disclose personal information to anyone else?
In providing you with a product or service, Pakenham Toyota may sometimes need to disclose your personal information to others. It is generally our policy not to disclose information to external organisations, however we may need to disclose information in the course of providing a product or service or in connection with an application by you for consumer or commercial credit. Apart from providing personal information to another organisation where you have consented to us doing so, examples of organisations to which Pakenham Toyota might provide your personal information include:
- our related bodies corporate;
- other motor vehicle dealers;
- parts suppliers;
- CRB’s, insurers and financiers;
- a person outside Pakenham Toyota who is contracted to us to provide a particular service on our behalf.
Some examples of the kinds of organisations with which we contract are:
- mailing houses for bulk mailing of letters and notices;
- printers for the despatch of marketing material;
- information technology service providers; and
- accountants, lawyers and other service providers.
Those contracted parties are not authorised by us to use personal information for anything other than the purpose for which we supply that information to them. However, Pakenham Toyota cannot be held responsible for any misuse or unauthorised disclosure of your personal information by these third parties.
Sometimes, the law requires us to disclose personal information. For example, information may be disclosed to a court in response to a subpoena or a court order or to a government agency, such as a vehicle licensing authority or the Australian Taxation Office.
Where you have consented to us disclosing personal information, your consent may be written, verbal or implied from conduct.
7. Direct marketing
From time to time, Pakenham Toyota may use personal information on our direct marketing database for postal marketing campaigns, for example informing you about our products and services or about special offers and promotions that we think may be of interest to you. We will generally give you the opportunity to express a wish not to receive direct marketing communications. You can let us know at any time if you no longer wish to receive marketing material (by contacting us via any of the means in section 13 below) and we will remove your details from our direct marketing database.
Pakenham Toyota does not disclose personal information to other organisations for the purposes of allowing them to direct market their products. However, we may from time to time join Toyota Motor Corporation Australia Limited, other business associates of Toyota and other motor vehicle dealers in joint marketing of our respective products and services to customers.
If the law requires us to provide you with information about our products or services, we will provide that information even if you have elected not to receive information about our products and services generally.
8. Access to your personal information and ensuring personal information is up-to-date
You can access most of the personal information Pakenham Toyota holds about you by contacting us via any of the means set out in section 13 below. We may charge an access fee to cover the reasonable cost of retrieving the information and supplying it to you.
Pakenham Toyota relies on the personal information we hold in conducting our business. Therefore, it is very important that the information we hold is accurate, complete and up-to-date. This means that, from time to time, we will ask you to tell us if there are any changes to your personal information. If you find that information we hold about you is incorrect, please contact us immediately and we will correct it.
Access to personal information may be refused in a number of circumstances, such as where the information relates to anticipated legal proceedings or the request for access is frivolous or vexatious. If we deny or restrict your access, we will explain why.
9. Security of personal information
Security of personal information is important to Pakenham Toyota and we take all reasonable precautions to protect personal information from misuse, loss, unauthorised access, modification or disclosure.
Some of the ways we protect personal information include:
- external and internal premises security;
- restricting access to personal information only to staff that need it to perform their day to day functions;
- maintaining technology products to prevent unauthorised computer access or damage to electronically stored information, such as requiring identifiers and passwords, firewalls and anti-virus software; and
- maintaining physical security over paper records.
Pakenham Toyota will take reasonable steps to destroy or permanently de-identify any personal information we hold when it is no longer required for any purpose for which it was collected or for which it may legitimately be used or disclosed.
10. Overseas transfer of personal information
11. Privacy and our website
The type of personal information Pakenham Toyota collects through our website depends on how you make use of the site.
When visiting the Pakenham Toyota website, you will not be required to provide us with any personal information, unless you request information about a product or service or respond to a competition or promotion. In that case, we will ask you to provide contact details along with other information required to respond to your request or allow you to enter the competition or promotion.
The information provided may also be retained for our business planning purposes.
12. If you send us an email
If you send an email to Pakenham Toyota containing personal information, we will take reasonable steps to ensure the confidentiality of that information. The content of emails is sometimes monitored by our service provider for maintenance and fault detection purposes. We may also monitor email for legal compliance purposes.
Although we take steps to protect information sent by email, email is not a secure method of communication. If you are concerned about sending your personal information to us in this manner you may prefer to contact us by any of the other means set out below.
13. Resolving complaints and concerns
If you believe that the privacy of your personal information has been compromised or that Pakenham Toyota has not dealt with your personal information in a manner that complies with law or the APPs, please let us know. You can make a complaint in writing (by email or post) to:
The Privacy Officer
751 Princes Highway
Berwick Vic 3806
or by calling (03) 5945 1777 and asking for the privacy officer. We will investigate your complaint and respond as quickly as possible.
14. Third Party Websites
Pakenham Toyota’s website may contain links to websites which are owned or operated by third parties independent of Pakenham Toyota, including websites owned or operated by our service providers. Those websites should contain their own privacy statements and their owners or operators are responsible for informing you about their security and privacy practices.
Pakenham Toyota does not collect or use Commonwealth government identifiers when dealing or interacting with you.
16. What information do we collect and hold?
The Toyota Website is a service provided by Pakenham Toyota for the following purposes:
a) informing its Customers,
b) enabling Customers to provide information to Toyota, and
c) providing information and commercial services to Business Partners.
Toyota Financial Services information contained on this website is provided by Toyota Finance Australia Limited. Toyota Industrial Equipment information contained on this website is provided by Toyota Industries Corporation Australia Pty Limited.
By accessing or otherwise using the Toyota Website you agree to be bound by these conditions of use and you acknowledge that Toyota provides the Toyota Website to you on these conditions of use. Toyota is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Toyota Website at any time without notice. Your continued use of the Toyota Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.
Intellectual Property Protection
Toyota owns all intellectual property in the Toyota Website, unless indicated otherwise. Subject to these conditions of use, Toyota grants to you a non-exclusive and non transferable limited licence to do the following:
- View and download information directly accessible through the Toyota Website.
- Use information directly accessible through the Toyota Website.
You agree that, subject to your use of the Toyota Website in accordance with the limited licence granted to you, you will not infringe Toyota's intellectual property in the Toyota Website and will not modify, copy, republish, frame, distribute or communicate any part of the Toyota Website or any information contained therein or otherwise use them in a way which will infringe Toyota's intellectual property or other property rights.
Except as provided by law, the Toyota Website is provided "as is" and without any warranty or condition, express or implied. Toyota does not warrant that the information contained in or accessible through the Toyota Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Toyota guarantee continuous, uninterrupted or secure access to the Toyota Website.
You acknowledge that access and use of the Toyota Website (including the software operating in connection with the Toyota Website) may be interfered with by numerous factors outside of Toyota's control. Toyota does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Toyota Website. Subject to the provisions of the Competition and Consumer Act 2010, Toyota makes no representations or warranties in respect of the information and materials available on the Toyota Website or the means of accessing that information and material (including the software operating in connection with the Toyota Website).
Toyota makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Toyota which are or may become linked or framed to or from the Toyota Website. Toyota Financial Services information contained on this website is provided by Toyota Finance Australia Limited. Toyota Industrial Equipment information contained on this website is provided by Toyota Industries Corporation Australia Pty Limited.
Use of Information
If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the Toyota Website, you agree that such Content will be available to Toyota to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:
- Is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
- Infringes the intellectual or other proprietary interests of third parties; or
- Impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Toyota considers to be inappropriate; or
- Violates any law, statute or regulation; or
- Forges information to disguise the origin of any Content; and
- Encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant Toyota a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.
Limitation of Liability
You agree that Toyota is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Toyota Website, the use by Toyota of information provided by you to Toyota through the Toyota Website or any such loss or damage which may arise should you be unable to access the Toyota Website, for whatever reason and however arising, including negligence.
To the extent that Toyota is able to limit the remedies available under these conditions of use, Toyota expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Toyota's sole discretion):
- In the case of goods, any one or more of the following:
- The replacement of the goods or supply of equivalent goods;
- The repair of the goods;
- The payment of the costs of replacing the goods or of acquiring equivalent goods; or
- The payment of the costs of having the goods repaired; and
- In the case of services:
- Supply of the services again; or
- The payment of the cost of having the services supplied again.
You indemnify Toyota against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- Your breach or non-observance of any term of these conditions of use; or
- Any breach or inaccuracy in any of your representations or warranties.
Pakenham Toyota is not liable for content or functions on the Toyota Website provided by Toyota Finance Australia Limited and Toyota Industries Corporation Australia Pty Limited. Toyota Finance Australia Limited and Toyota Industries Corporation Australia Pty Limited are not liable for content or functions on the Toyota Website provided by Pakenham Toyota.
Breach and termination
Choice of Law and Use of Toyota Website
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia. Toyota has designed the Toyota Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Toyota Website outside the Commonwealth of Australia. The Toyota Website is available only to people in Australia who can form legally binding contracts under applicable law.
Business Partner: means any licensed motor dealer to whom Toyota grants access to the Business Partner section of the Toyota Website and includes officers agents and employees of the licensed motor dealer.
Customer: means existing or potential customers of Toyota or persons accessing or otherwise using the Toyota Website for domestic or commercial purposes, other than Business Partners.
Toyota: means Toyota Motor Corporation Australia Limited ACN 009 686 097 and Toyota Finance Australia Limited ACN 002 435 181
Pakenham Toyota: means Toyota Motor Corporation Australia Limited ACN 009 686 097
Toyota Industrial Equipment: means Toyota Industries Corporation Australia Pty Limited ACN 104 644 635
Toyota Financial Services: means Toyota Finance Australia Limited ACN 002 435 181
Toyota Website: means the website accessible through the following address
www.toyota.com.au operated jointly by Toyota Motor Corporation Australia Limited ACN 009 686 097 and Toyota Finance Australia Limited ACN 002 435 181
you: means Business Partners or Customers of Toyota as the case may be.
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Ph: (03) 5945 1777
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