Credit Reporting Privacy Policy of Motorama Management Pty Ltd

Introduction

1. This Credit Reporting Privacy Policy of Motorama Management Pty Ltd ACN 010 584 175 trading as Motorama (“Motorama”) is Motorama’s official credit reporting privacy policy as required by the Privacy Act 1988 (the “Act”) and particularly Part IIIA of that Act and the Credit Reporting Code (the “CR Code”) and it applies to all credit information and credit eligibility information about individuals (“credit information”) collected, held and used by Motorama in its activities as a credit provider and also in its activities as an agent for other credit providers.

Motorama forms part of the MHPL Investment Pty Ltd group of companies consisting of the following companies (hereafter collectively referred to as the “Motorama Group”):

(a) Motorama Management Pty Ltd;(b) Motorama Hillcrest Pty Ltd;(c) Motorama Moorooka Pty Ltd;(d) Motorama City Motors Pty Ltd;(e) Motorama Automotive Pty Ltd;(f) Auto Wholesale Vehicles Pty Ltd;(g) Big Box Holdings Pty Ltd;(h) MB Superstore Pty Ltd;(i) Motorama Mitsubishi Springwood Pty Ltd;(j) Motorama Springwood Pty Ltd.(k) Motopool Holdings Pty Ltd.

In this policy we explain how and why we collect credit information about individuals, how we use such information within Motorama and the Motorama Group (collectively hereafter referred to as we, us or our), and what controls individuals have over our collection and use of information about them. This policy is relevant to individuals who are current and former credit customers, as well as other individuals that Motorama and the Motorama Group deals with in connection with credit we provide to our credit customers (for instance, such individuals may be guarantors or directors of corporate customers) or information we collect on behalf of other credit providers in Motorama’s and the Motorama Group’s capacity as an agent for such credit providers.

2. Motorama and the Motorama Group committed to complying with Commonwealth legislation and regulations (the Act and the CR Code) governing privacy of credit information about individuals by credit providers and to protecting and safeguarding the privacy of individuals when they deal with us.

Collection of information and types of information collected

3. Motorama and the Motorama Group collects, holds and uses various types of credit-related information about individuals, which information includes:

identification information such as current and prior names and addresses, age, contact details and driver's licence number;
applications for credit (including the name of each relevant credit provider), the type and amount of that credit and the fact Motorama and the Motorama Group has accessed credit information to assess a relevant application for its business services or processing a credit application as an agent for another credit provider;
that Motorama or a company within the Motorama Group and other credit providers are or have been a provider of credit to an individual (or an entity associated with an individual) and the type, characteristics and maximum amount of credit that have been provided or will be provided;
the date that any credit contract Motorama or a company within the Motorama Group or other credit providers have or had with an individual was entered into and the date that it comes to an end;
payments owed to Motorama or a company within the Motorama Group or another credit provider, in connection with credit provided to an individual (or an entity associated with an individual) or in relation to which an individual is a guarantor (and, if there is subsequently paid any such overdue payment, the fact of that payment);
whether in Motorama’s or a company within the Motorama Group or another credit provider's opinion an individual has committed a serious credit infringement;
whether an individual has entered into arrangements with Motorama or a company within the Motorama Group or other credit providers in connection with credit provided to the individual (or an entity associated with the individual);
court proceedings information, personal insolvency information and credit-related publicly available information;
scores, ratings, summaries, evaluations and other information relating to an individual’s credit worthiness which is derived by Motorama or a company within the Motorama Group or its agents wholly or by Credit Reporting Bodies (“CRB’s”) partly on the basis of the information above;
certain administrative information relating to credit, such as account and customer numbers.

While the Act uses a variety of terms to refer to such information as referred to above, for ease of understanding and reading this policy, such information is referred to hereinafter as "credit information".

4. Credit information may be collected by Motorama and the Motorama Group in a number of ways including:

being provided by an individual directly to Motorama or a company within the Motorama Group or by persons acting on behalf of the individual (such as on applications or other forms);
being provided by CRB’s and/or other credit providers and/or trade suppliers with the consent of the individual;
being information provided by the individual on an application for credit with another credit provider, in circumstances where Motorama or a company within the Motorama Group acts as that credit provider’s agent;
being information that is in the public domain;
being information that is derived by Motorama or a company within the Motorama Group from an individual’s usage and (where applicable) trade on and transactional history on any account (of the individual or of an entity associated with the individual) held within the Motorama Group.

How credit information is held

5. At or before the time any credit information is collected by Motorama or a company within the Motorama Group about an individual, we will take reasonable steps to ensure that the individual is made aware of who we are, the fact that the individual is able to gain access to the information held about the individual, the purpose of the collection, the type(s) of entities to which we usually disclose such information collected about the individuals, any laws requiring the collection of the information and the main consequences for the individual if all or part of the information is not collected.

6. Motorama or a company within the Motorama Group may hold credit information about an individual in physical form or in electronic form on our systems or the systems of Motorama’s and the Motorama Group’s IT service providers.

The credit information Motorama or a company within the Motorama Group holds about individuals is protected by physical, electronic, and procedural safeguards and Motorama and the Motorama Group also requires its service providers that hold and process such information on Motorama’s and the Motorama Group’s behalf to follow appropriate standards of security and confidentiality. Any credit information we collect from an individual or about an individual is kept securely and held on secure servers in controlled facilities.

7. Motorama and the Motorama Group trains its staff and others who work for it on how to handle credit information appropriately and Motorama and the Motorama Group restricts access to what is necessary for specific job functions.

Use of information collected and disclosure of personal information to others

8. Motorama or a company within the Motorama Group may, as permitted by law, collect, hold, use or disclose credit information held about an individual for the purposes for which such information is collected. These purposes include:

to form decisions as to whether to provide an individual, or an entity associated with an individual, with credit or to accept an individual as a guarantor;
to make assessments relating to an individual’s credit worthiness which are used Motorama or a company within the Motorama Group ongoing decision-making processes regarding provision of credit and the amount of such credit;
to assist an individual or entity associated with the individual in completing a credit application with other credit providers, in circumstances where Motorama or a company within the Motorama Group acts as the credit provider’s agent;
to participate in the exchange of credit information with other credit providers including obtaining from and providing information to CRB’s and other credit providers and/or trade suppliers as permitted by Part IIIA of the Act and the CR Code;
to assist an individual or entity associated with the individual to avoid defaulting on credit-related obligations to Motorama or a company within the Motorama Group or other credit providers;
to undertake debt recovery and enforcement activities, including in relation to guarantors, and to deal with serious credit infringements;
to deal with complaints and meet legal and regulatory requirements; and
to assist other credit providers to do the same.

(Some credit information may only be used or disclosed under the Act for some of the above purposes or in some particular circumstances. Certain such particular circumstances are set out in clause 9 below.)

9. Generally, Motorama and the Motorama Group will be permitted to use or disclose credit information held about an individual where the individual has consented to the use or disclosure. Motorama and the Motorama Group may disclose credit information to a CRB and/or other credit providers about an individual for such purposes as set out at clause 8 above as permitted by the Act. For example, Motorama or a company within the Motorama Group may be permitted to disclose credit information to a CRB in such circumstances as where the individual has consented to the disclosure or where the individual has failed to meet payment obligations in relation to credit provided by Motorama or a company within the Motorama Group or if the individual has committed a serious credit infringement. Similarly, Motorama or a company within the Motorama Group will generally be permitted to disclose credit information to another credit provider about an individual where the individual has consented to such disclosure.

10. CRB’s may include credit information provided by Motorama or a company within the Motorama Group in reports provided to other credit providers to assist such other credit providers to assess the individual’s credit worthiness. Motorama or a company within the Motorama Group shares credit information with the following CRB.

Equifax Australia Information Services and Solutions Pty LimitedGPO Box 964, NORTH SYDNEY NSW 2059Email privacy@equifax.com or call 13 83 32.

You are able to obtain a copy of Equifax’s credit reporting policies from their website.

Motorama or a company within the Motorama Group may, in the future, disclose credit information to a CRB other than Equifax, but prior to disclosing any credit information about individuals to any other CRB, Motorama and the Motorama Group will amend its Credit Reporting Privacy Policy to set out the name and contact details of any such other CRB and will post a notification of the change to the Credit Reporting Privacy Policy on Motorama’s and the Motorama Group’s website.

Rights in relation to CRBs

11. Individuals have certain rights in respect of CRB’s and the information a CRB holds about the individual and those rights include:

Opting out of direct marketing pre-screenings. A CRB may use an individual’s credit information to assist a credit provider to market to that individual by pre-screening the individual for direct marketing by the credit provider. This process is known as a "pre-screening". If an individual does not want a CRB (including the CRB listed above) to use that individual’s information for the purpose of pre-screening, the individual has the right under the Act to contact the CRB to request that they exclude the individual from such processes.
If an individual is a victim of fraud (including identity-related fraud). An individual is entitled under the Act to request that a CRB not use or disclose credit reporting information they hold about the individual in circumstances where the individual reasonably believes that they have been or are likely to be a victim of fraud, including identity-related fraud. The period while this applies is called a "ban period". An individual can make such a request to any CRB, including those listed above.

Direct Marketing

11. As part of Motorama’s and the Motorama Group’s functions and business activities and to promote the services we can provide to our customers, including in respect of Motorama’s or a company within the Motorama Group credit-related activities, Motorama or a company within the Motorama Group may be permitted to use personal information about individuals that individuals have provided to Motorama and the Motorama Group for the purposes of direct marketing. Direct marketing includes, but is not limited to, sending information to and/or contacting individuals in relation to promotions relating to Motorama or a company within the Motorama Group. All recipients, including individuals, can opt out of receiving direct marketing communications by sending an email to Motorama’s and the Motorama Group’s Privacy Officer at privacy@motorama.com.au. In any direct marketing communication we remind recipients of their right to opt out of receiving direct marketing communications. Moreover, as a general rule, a credit provider such as Motorama or a company within the Motorama Group is not permitted to disclose to others credit information about individuals for the purposes of direct marketing.

Anonymity and Pseudonymity

12. Individuals would generally have the option of dealing with Motorama or a company within the Motorama Group anonymously. However, this only applies where it is not impracticable for Motorama or a company within the Motorama Group to deal with individuals acting anonymously or under a pseudonym. For example, individuals making general enquiries of Motorama or a company within the Motorama Group may do so anonymously or under a pseudonym. However, if the dealing with Motorama or a company within the Motorama Group is for Motorama or a company within the Motorama Group to supply goods and services and/or to enter into contractual relations (such as a commercial credit account) with a customer that is the individual or is associated with the individual or in Motorama’s or a company with the Motorama Group capacity as an agent for other credit providers, then it is impractical for such individuals to deal with Motorama or a company within the Motorama Group on an anonymous basis or under a pseudonym.

Links

13. Our web site may contain links to other web sites and those third party web sites may collect personal information about individuals. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. Motorama and the Motorama Group encourage users to be aware when they leave the site and to read the privacy statements of each and every web site that collects personally identifiable information.Security and storage

14. Motorama and the Motorama Group place a great importance on the security of all information associated with our customers, clients and contractors. We have security measures in place to protect against the loss, misuse and alteration of personal information (including credit information) under our control. Motorama and the Motorama Group take all reasonable steps to protect individuals’ personal information that is under Motorama or a company within the Motorama Group’s control from misuse, interference, loss and/or unauthorised access, modification or disclosure. All personal information (including credit information) held is kept securely and that which is held electronically is held on secure servers in controlled facilities.

15. Personal information (including credit information) is de-identified or destroyed securely when no longer required by us and no longer required to be held by us.

16. Motorama and the Motorama Group retain information provided to us, including individuals’ contact and financial and transactional information, to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes. Such information is held securely, including on secure servers in controlled facilities.

17. No data transmission over the Internet can be guaranteed to be absolutely secure. As a result, whilst we strive to protect users' personal information (including credit information), Motorama and the Motorama Group cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once Motorama or a company within the Motorama Group receives a transmission, we make every effort to ensure the security of such transmission on our systems.

Access to and correction of personal information

18. Motorama and the Motorama Group are committed to and takes all reasonable steps in respect of maintaining accurate, timely, relevant, complete and appropriate information about our customers, clients and web-site users.

19. Any individual may request access to personal information (including credit information) about them held by Motorama and the Motorama Group. Such a request for access to personal information is to be made to Motorama’s and the Motorama Group’s Privacy Officer:

Motorama and the Motorama Group’s Privacy OfficerPO Box Locked Bag 8Moorooka QLD 4105Telephone: 07 3426 7404Email: privacy@motorama.com.au

20. Please note Motorama and the Motorama Group do require that, as part of any request by an individual for access to personal information (including credit information), the individual verify their identity so that Motorama or a company within the Motorama Group may be satisfied that the request for access is being made by the individual concerned.

21. Please note that neither Motorama nor the Motorama Group is required to give an individual access to credit information about them in circumstances where:

giving access would be unlawful; or
denying access is required or authorised by or under an Australian law or a court/ tribunal order; or
giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

22. Inaccurate information will be corrected upon receiving advice to this effect. To ensure confidentiality, details of an individual’s personal information (including credit information) will only be passed on to the individual if we are satisfied that the information relates to the individual. From time to time, and having regard to the purpose of the collection and use of personal information (including credit information) about individuals, we may contact individuals to seek confirmation that the personal information provided to us by the individual is accurate, up-to-date and complete.

23. If we refuse to provide an individual with access to their personal information (including credit information) or to correct the personal information (including credit information) held by us about them, then we will provide reasons for such refusal. Such reasons will set out the grounds for refusal, the mechanisms available to complain about the refusal and any other matters that are required by the Act.

24. Motorama and/or a company within the Motorama Group will respond to any requests for access or correction within a reasonable time of receipt of the request, but by no later than 30 days of the request being received.

Complaints

25. If an individual has a complaint that Motorama or a company within the Motorama Group has not complied with its obligations under the Act then any such complaint should be directed in the first instance to Motorama’s and the Motorama Group’s Privacy Officer at the contact details set out at clause 19 of this policy.

26. Upon receiving a complaint we will, within 7 days, give the complainant written notice acknowledging receipt of the complaint and setting out the process of how we will deal with it. Unless a longer time is agreed by the complainant, we will investigate the complaint and make a decision within 30 days of receipt of the complaint and communicate the decision to the complainant. We aim to resolve all complaints within 30 days of receipt. If we cannot resolve a complaint within 30 days we will notify the complainant of the reasons and specify a date when we expect a decision or resolution will be made and seek the complainant’s agreement to extend the 30 period – if the complainant does not agree then we may not be able to resolve the complaint.

27. It may be necessary (and it may be required by the Act), in order to deal with a complaint, to consult with a credit reporting body or another credit provider. Further, if, while a complaint remains unresolved, we are disclosing information subject to the complaint to a third party, we may be required to advise the third party about the complaint.

28. If we find a complaint is justified we will resolve it and do what is required to rectify any breach. Motorama and the Motorama Group are committed to fulfilling its obligations as an APP entity and a credit provider under the Act.

29. If a complainant is not satisfied with the outcome of Motorama or the Motorama Group’s internal complaints procedure in respect of Motorama or a company within the Motorama Group privacy practices then the complainant may refer their complaint to the Office of the Australian Information Commissioner (“OAIC”). The website for the OAIC is: www.oaic.gov.au.

Transfer of information overseas

30. Motorama and the Motorama Group are unlikely to disclose personal information to overseas recipients. Personal information will only be disclosed by Motorama or a company within the Motorama Group to overseas recipients in accordance with Australian Privacy Principle 8, such as if the disclosure is required by Australian law.

Changes to Privacy Policy

31. If Motorama or a company within the Motorama Group decides to or is required to change this Credit Reporting Privacy Policy, we will notify of such amendments on our web site and post changes on our privacy policy page so that users may be aware of any such changes and how they may affect them. As such, please remember to refer back to Credit Reporting Privacy Policy page regularly to check whether there are any amendments.

Contacting us

32. For further information regarding our privacy policies, please contact us at the following address:

E-mail: privacy@motorama.com.au