Privacy Policy

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Introduction

Smart Buy Autos Pty Ltd (ABN 71 608 083 290) and our related entities ('Smart Buy Autos', 'we', 'our' or 'us') are committed to protecting the privacy of your personal information and we take seriously our obligations to handle your personal information in accordance with the requirements of the Privacy Act 1988 (Cth) (the "Act").

This Privacy Policy sets out details about how we and our related entities collect and manage you’re:

  • personal information; and
  • your credit related personal information and credit eligibility information including information about your applications and/or enquiries for credit and credit accounts with us and your credit reporting information that we derive from Credit Reporting Bodies ('CRBs') and from other credit providers.

This Privacy Policy may be updated from time to time taking into account updated laws and subject to change in technology and our operations. A current version of this policy will be published on our website or can be obtained free of charge upon request.

When you engage Smart Buy Autos to provide you with any products or services, apply or complete an application or enquiry for credit, communicate with us through email, by telephone, in writing, or use any of our other services, including our website, you agree to the use and disclosure of your personal information in the manner described in this policy.

It is important to note that Smart Buy Autos cannot guarantee or accept responsibility for the privacy practices or the content of web sites to which we provide links.

The types of Personal Information we collect and hold

We generally collect and hold the kinds of personal information depending on our interaction with you. Generally the personal information we may collect from you include:

  • name, date of birth, address, telephone number, email address, passport information, drivers licence details and other contact details;
  • your bank account details and credit card information;
  • information we collect from providing you with our goods and services;
  • personal information you provide to us when you participate in a promotion, competition, promotional activity, survey, market research, subscribe to our mailing list;
  • marketing information;
  • information about the products and services you would like to obtain through us or that we provide or have provided to our clients, such as:
    • details of our clients' vehicles including any trade-in;
    • details of our clients' vehicle purchases from us; and
    • details of our clients' servicing and warranty history; and
  • Records of communication with you, including by telephone, email and online information about enquiries or complaints.

We may also collect and hold sensitive information about you that is specifically relevant and necessary for the purpose of our business activities and functions, and your consent is first obtained. Such information may include information relating to:

  • our clients' citizenship or country of birth; or
  • Membership of professional or trade associations or unions.

Where you have applied for or made an enquiry for credit or have agreed to be a guarantor under an application for credit, we may also collect credit related information, such as:

  • financial information, including your assets, liabilities, income and expenses;
  • that you have applied for commercial or consumer credit and the amount;
  • that we and other credit provider are or have been a credit provider to you;
  • payments which become overdue more than 60 days and for which debt collection action has commenced;
  • advice on payments being no longer overdue;
  • advice that cheques drawn by you have been dishonored more than once;
  • in specified circumstances that in our opinion you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations);
  • that credit provided to you by us has been paid or otherwise discharged;
  • court proceedings information, personal insolvency information and credit-related publicly available information; and
  • Scores, ratings, summaries, evaluations and other information relating to your credit worthiness, which is derived by us or by CRBs.
The Purposes for which Smart Buy Autos collects, holds, uses and discloses Personal Information

Smart Buy Autos collects, holds, uses and discloses personal information so that we are able to perform our business functions and provide customers with our products and services. Smart Buy Autos will collect, hold, use and discloses personal information for the following purposes:

  • our general business activities and functions, including providing you with our products and services, including provide you with vehicle sales information, vehicle servicing, sourcing and arranging vehicles, sending you marketing about other products and services that we reasonably believe may be of interest to you;
  • assessing and processing an application or enquiry for credit or to accept an individual as a guarantor;
  • for administrative purposes in relation to the ongoing management of your credit arrangement;
  • communicating with you, including responding to your inquiries about our products and services and applications and accounts;
  • participating in the credit reporting system and providing information to CRBs as permitted by Part IIIA of the Act;
  • meeting our legal and regulatory requirements, and enforcing our rights;
  • conducting, improving and developing a business relationship with you;
  • Marketing (such as providing individuals with information about our products and promotional notices and offers).
How Personal Information is collected

Whenever it is reasonable and practicable to do so, we collect personal information about our clients directly from you, or your appointed broker or agent.

Where the Act permits, we may also collect personal information from other people or organizations. Sometimes this may happen without
your direct involvement. Some examples of the people or organizations from which we may collect personal information about you are:

  • other credit providers;
  • publicly available sources of information (such as telephone directories);
  • your authorized representative (such as a legal adviser);
  • third-party agents (such as business referrers, finance brokers and insurance brokers);
  • credit reporting bodies (CRBs), such as Veda or Dunn and Bradstreet; or
  • Government agencies (such as the Land Titles Office, the Land and Property Information office).

Smart Buy Autos takes reasonable steps to ensure that you are aware of:

  • the likely use of your personal information;
  • the right of access to your personal information;
  • any law requiring collection of the credit related information; and
  • The main consequences of failure to provide any credit related personal information.
Disclosure of your Personal Information

Smart Buy Autos may disclose your personal information:

  • for the primary purposes for which it was collected such as those described above (i.e. for our business functions and activities);
  • where you have consented to the use or disclosure;
  • where required or authorized by Australian Law, or to a court/tribunal; or
  • Where we reasonably believe that the use or disclosure is necessary to prevent serious impact to an individual’s life, health or safety or a serious threat to public health or safety.

We will not disclose your personal information for any other 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.

We may also share your personal information with other entities with Smart Buy Autos related entities.

Where the Act permits us, we may from time to time disclose your personal information to organizations outside the Smart Buy Autos group of entities.

Generally, these are organizations that help us with our business functions and operations. These organizations may include:

  • authorized representatives of the Smart Buy Autos group who sell products or provide services on our behalf;
  • insurers;
  • financial institutions;
  • our accountants, auditors or lawyers; or
  • Your representative (for example lawyer, mortgage broker, financial adviser).

If it is required by the Act we will seek your consent before disclosing to these organizations, otherwise we will only disclose your personal information to these organization where is it reasonable in the circumstances.

Where the Act permits us to do so, and in order to further your enquiry and/or application, we may disclose your personal information to a financial intermediary (such as a broker or other financial institution) or credit provider. Such financial intermediary or credit provider may also disclose your personal information to CRBs such as Veda or Dunn & Bradstreet, if you apply for or make an enquiry for credit.

Where Smart Buy Autos collects personal information which we may disclose to a financial intermediary or credit provider, and the financial intermediary or credit provider discloses this information to a CRB, please note:

  • the CRBs may include that information in reports provided to the financial intermediary or credit provider to assist it to assess your creditworthiness;
  • if you fail to meet payment obligations in relation to commercial or consumer credit or commit a serious credit infringement, your credit provider may be entitled to disclose this to the CRB

Smart Buy Autos does not disclose your personal information for any secondary purposes unless your consent has been given or as required by law.

How your Personal Information is held and secured
We use security procedures and modern technology to protect the personal information that we hold. Much of the information we hold is stored electronically on servers owned by Smart Buy Autos that are located in our company premises or in secure data center’s owned by third parties located in Australia. Access to and use of this information within Smart Buy Autos is appropriately limited to protect from misuse or unlawful disclosure of the information.

Accuracy of your Personal Information

We rely on you to provide us with accurate and up to date information about you. If there are any changes to your personal information during the course of dealing with us, you are responsible for advising us. We will take reasonable steps to ensure your personal information is kept up-to-date, accurate, complete and not misleading. If you believe the personal information we hold about you is incorrect or inaccurate, you can request that we update this information by contacting our Privacy Officer (details below).

We will correct information we hold about you if we discover, or you are able to show to a reasonable standard, that the information is incorrect or inaccurate. If you seek a correction and we disagree that the information is incorrect, we will provide you with our reasons for taking that view.

How you can access and seek correction of your Personal Information

You can contact us to request access to the personal information that we hold about you. Generally, we will give you access to your personal information. However, there may be exclusions as permitted under the Act that apply that permit us to not provide you with access in some circumstances.

If access is denied, we will provide you with the reason why unless, having regard to the grounds for refusal, it would be unreasonable for us to do so. You may make a complaint about a refusal to the Office of the Australian Information Commissioner.

You can also contact us to request that we correct personal information that we hold about you. Any request to access or correct information should be made to Smart Buy Autos Privacy Officer using the contact details set out below and will be dealt with in accordance with the Act. Marketing

We may use and disclose your personal information to inform you about other products and services we think may be of interest to you in the future, and we may also disclose your personal information to Smart Buy Autos' related entities, third party affiliates or other partners (together referred to as "the Related Companies") so that they may use and disclose the information to inform you about their products and services, including for direct marketing by Smart Buy Autos or the Related Companies.

We respect your right to ask us not to use your information for direct marketing and Smart Buy Autos and the Related Companies will not send you information about products and services if you so request by contacting Smart Buy Autos using the contact details set out below. You will generally be given the opportunity to from receiving marketing communications from us. You may opt from receiving electronic communications by following any prompts to do so that we may engage from time to time, or by writing to the Privacy Officer.

Overseas Disclosure Any personal information provided to us may be transferred to, stored by or disclosed to an overseas recipient. For example, we may use a server hosted overseas to store data, which may include your personal information, or engage an organization located overseas to assist us in our general business operations.

Before your information is disclosed to an overseas recipient we will take steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach privacy laws in relation to your personal information ("reasonable steps").

However, the reasonable steps may not apply, if we reasonably believe (when disclosing your personal information to the overseas recipient) that:

  • the recipient of the information is subject to a law, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Act protects the information; and
  • There are mechanisms that an individual can access to take action to enforce the protection of their privacy.
Unsolicited Information

We will take reasonable steps to determine whether or not information we receive may be unsolicited information. If we believe that information is unsolicited information, we will destroy the information as soon as practicable or ensure that it is de-identified.

Anonymity

Only where it is practicable to do so, we may allow you the option not to identify yourself when dealing with us. However not identifying yourself to us may make it difficult to effectively provide you with our products or services.

Government Identifiers

We will not use government identifiers such as your tax file number or Medicare number to identify you.

Cookies and Website

A 'cookie' is a packet of information placed on a user's computer by a website for record keeping purposes. Cookies are generally used on the Smart Buy Autos web sites to:

  • access online services - if you visit the Smart Buy Autos website and/or log into our secure areas we will use cookies to enable us to authorize your access;
  • Manage advertising - we use advertising companies to deliver our online advertising. When you see one of our ads on a third party website, cookies are sometimes used to collect information about what pages you visit and the type of software you are using; and
  • traffic monitoring, we use tracking companies to gather information about how people are using the Smart Buy Autos site, this information includes time of visit, pages visited, and some system information about the type of computer you are using. We use this information to enhance the content and services offered on the site.

Cookies may also be used for other purposes on the Smart Buy Autos site but in each case none of the information collected can be used to personally identify you.

Cookies may collect and store your personal information. This Privacy Policy applies to personal information collected via cookies. You may adjust your internet browser to disable cookies. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences).

If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites then you may not be able to gain access to all of the content and facilities in this website, and/or may hinder our ability to provide you with our full range of products and services.

If you visit the Smart Buy Autos website to browse, read or download information, our system will log these movements. These web site logs are not personally identifiable and Smart Buy Autos makes no attempt to link them with the individuals who browse the site.

You may also encounter cookies used by third parties and placed on certain pages of our website that we do not control and have not authorized (such as webpages created by another user). We are not responsible nor liable for the use of such cookies.

Where applicable, your account information is password protected and we recommend you do not divulge your password to anyone. To further protect your personal information, your log-in time will automatically expire after a certain period of inactivity.

Complaints

If you have a complaint about the way we have dealt with your personal information or think that we have breached the Australian Privacy Principles or the Act, you may make a complaint by contacting our Privacy Officer at the contact details listed below. We will respond to complaints within a reasonable time (generally 30 days).

If you disagree with our decision, you may refer your complaint to the Office of the Australian Information Commissioner by visiting www.oaic.gov.au calling 1300 363 992 or by emailing enquiries@oaic.gov.au.

Contact Us

If you have any questions regarding our Privacy Policy or handling of information, please contact our Privacy Officer at the details below:

Addressee: The Privacy Officer
In Writing: Smart Buy Autos
32 Parramatta Road Croydon NSW 2132
By Phone: (02) 9745 5999
By Fax: (02) 9745 3200
By Email: info@smartbuyautos.com.au