1. About this policy
Terry Shields Pty Ltd (ABN 73 000 678 473) and its related entities (herein referred to as 'Terry Shields' 'we', 'us' or 'our') are committed to protecting the privacy of your personal information in accordance with Australian privacy laws.
When you engage us to provide you with any products or services, including new and used vehicles, apply or complete an application for the financing of a vehicle, communicate with us through email, by telephone, in writing, participate in any of our promotional activities, or use any of our other services, including our websites, you agree to the use and disclosure of your personal information in the manner described in this policy. This policy is also relevant and applies to other individuals we or our related entities, affiliate companies, suppliers and consultants deal with in connection with finance that may be provided, such as guarantors and directors.
2. Types of personal information we collect
The kinds of personal information we may collect from you will depend on what type of interaction you have with us. Personal information we may collect from you includes, among other things:
identity particulars - such as your name, address, date of birth, occupation, telephone numbers and e-mail address;
personal information we may collect from you when you have made an application for the finance of a vehicle;
personal information you provide to us when you participate in a promotion, competition, promotional activity, survey, market research, subscribe to our mailing list;
your bank, credit or debit account details when you make a purchase;
your records of communication with us;
if you visit our website, your website usage information such as your IP address.
3. The purpose for collecting your personal information
We will generally only collect and use your personal information for the primary purposes of:
our general business operations;
effectively providing you with our products and services, (including new or used Toyota vehicles, test drive of vehicles, parts and accessories and vehicle repairs or servicing);
arrange for other applicable products and services to be provided to you (such as vehicle finance, warranty services, the provision of service and maintenance reminders, roadside assistance and guest loyalty programs);
where applicable, assessing and processing an application for finance made by you for the purchase of a new or used vehicle, and for administrative purposes in relation to the ongoing management of your finance arrangement;
communicating with you;
responding to your inquires or complaints;
meeting our legal and regulatory obligations;
direct marketing (such as providing you with information about our products and promotional notices and offers); and
conducting business on our website, and improving our websites.
Your personal information is only collected by lawful and fair means and where practicable, only from you or from a person acting or authorised to act on your behalf.
Where you have applied for finance for the purchase of a new or used vehicle , we or the finance company may also make enquiries in respect of finance with third parties with your consent. This could include persons nominated by you as trade references, credit reporting bodies ("CRBs") and your bankers.
We will take reasonable steps to ensure that you are aware of:
the likely use of the information;
the right of access to the information;
the identity and contact details of our employee/representative collecting your personal information;
any law requiring collection of the information; and
the main consequences of failure to provide your personal information.
4. How we may use and disclose your personal information
We may use your personal information for:
the primary purposes for which it was collected, such as those described above;
administering and responding to your enquiry or feedback about our products and/or services;
conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey, market research or customer behavioural activity;
promoting and marketing our current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services so as to improve and develop new products and services (but giving you the opportunity to opt out of such direct marketing)
improving the operation of our websites.
We may disclose personal information we collect from you:
to Toyota Motor Corporation Australia Limited, and our affilated companies, suppliers, insurers, financers, consultants, contractors or agents for the primary proposes for which it was collected or for other purposes directly related to the purpose for which the personal information is collected. For example, your name and telephone number may be disclosed to your finance company to enable the finance to respond to your request for information finance regarding the purchase of a vehicle;
for direct marketing by, but giving you the opportunity to opt out of such direct marketing; We will include our contact details in any direct marketing.
to relevant Federal, State, Territory medical, health and safety authorities (as required);
where the law requires or authorises us to do so;
to others that you have been informed of at the time any personal information is collected from you;
with your consent (express or implied), to others.
We do not disclose your personal information for any secondary purposes unless your consent has been given or as required by law, and we will not sell or license any personal information that we collect from you.
5. How your personal information is stored and secured
We take reasonable steps to protect your personal information from loss, misuse or unauthorised access by restricting access to the information in electronic format and by appropriate physical and communications security.
If a substantial data breach has or may have occurred (for example, your personal information was shared with unauthorised persons) we will notify you as soon as is practicable.
We only keep your personal information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identity your personal information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.
6. Using our Website and Cookies
7. Marketing and Opting-Out
We may use your personal information for:
promoting and marketing of our current and future products and services;
informing you of upcoming events and special promotions and offers; and
analysing our products and services so as to improve and develop new products and services.
We may exchange your personal information between Toyota Australia or our related entities and so they can also assist in the marketing of our products and services to you.
We will only offer you products or services, where we reasonably believe that they could be of interest or benefit to you.
At the point we collect information from you, you may be asked to "opt in" to consent to us using or disclosing your personal information. You will generally be given the opportunity to "opt out" from receiving marketing communications from us. You may "opt out" from receiving these communications by clicking on an unsubscribe link at the end of an email or by contacting us with this request.
8. Cross border disclosure
Your personal information may also be processed by, or disclosed to employees, representatives, or other third parties operating outside of Australia who work for, or are engaged by us in other countries. For example, For example, we may disclose personal information to Toyota head office in Japan, or to our overseas service/support providers.
We will take reasonable steps, in the circumstances, before your personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information ('the reasonable steps').
The reasonable steps may not apply if you consent to the disclosure of your personal information to an overseas recipient and we reasonably believe that the overseas receipt is subject to laws that are suitability similar to privacy laws in Australia.
If you consent to the disclosure of your personal information to an overseas recipient, the overseas recipient may not be accountable under the Privacy Act, and you will not be able to seek redress for breaches under the Privacy Act.
9. Accurate and up-to-date information
We take reasonable steps to ensure your personal information is accurate, up-to-date and not misleading by updating its records whenever true and correct changes to the data come to its attention.
If you believe your information is incorrect, incomplete or not current, you can request that we update this information by contacting our Privacy Officer. To contact our Privacy Officer please see contact details below in paragraph 16.
We will correct information we hold about you if we discover, or you are able to show to a reasonable standard, the information is incorrect. If you seek correction and we disagrees that the information is incorrect, we will provide you with its reasons for taking that view.
We disregard information that seems likely to be inaccurate or out-of-date by reason of the time that has elapsed since it was collected or by reason of any other information in our possession.
10. Access to your personal information
We acknowledges that you have a general right of access to information concerning you, and to have inaccurate information corrected. You are able to access the personal information we hold about you by contacting our Privacy Officer. If access is refused to your personal information for reasons permitted by the Privacy Act, we will give you a notice explaining our decision to the extent practicable and your options.
To contact our Privacy Officer please see contact details below. If you make an access request, we may ask you to verify your identity and put your request in writing for security reasons. We may charge a reasonable administration fee to cover the costs of meeting your request. We will reply to your request for access within 30 days of notification by you.
11. Dealing with unsolicited information
We take all reasonable steps to ensure that all unsolicited information is destroyed or de-identified immediately.
12. Anonymity when dealing with us
Only where it practicable to do so, we may allow you the option not to identify yourself when dealing with us.
13. Collecting sensitive information
14. Government identifiers
We do not use or adopt government identifiers (e.g. tax file numbers or Medicare number) to identify individuals.
15. Complaints and disputes
We will ensure your compliant is handled by our Privacy Officer in an appropriate and reasonable manner. Were necessary we may consult with our related entities and partners in order to deal with your complaint. A written notice of our decision regarding your complaint will be provided to you. If you are not satisfied with the outcome, then you may contact the Office of the Australian Privacy Commissioner:
Office of the Australian Information Commissioner
Phone: 1300 363 992
16. Who should you contact for further information?
Terry Shields Pty Ltd
PO BOX 2516
North Parramatta NSW 1750
Phone: (02) 9204 6444
Our Privacy Officer will consider your question or complaint and respond to you in a reasonable timeframe.
Last Updated 16 March 2016.