1. Privacy Act
Mitsubishi Motors Australia Limited and Mitsubishi Motors Financial Services, a registered business name of Nissan Financial Services Pty Ltd ABN 70 130 046 794 Australian Credit Licence Number 391464 (MMAL, MMFS, we, us or our) are organisations and APP Entities for the purposes of the Privacy Act 1988 (Act), and are subject to the Australian Privacy Principles (APPs) contained in the Act.
This Policy is intended to cover most personal information handled by us (and our authorised agents who collect personal information on our behalf), but is not exhaustive. If you have any queries about our management of your personal information, you are encouraged to contact our Privacy Officer for further information (see section 10 below).
No general exemptions under the Act apply to us or to any of our acts or practices.
3. How We Collect, Hold, Use and Disclose Personal Information
We may collect your personal information directly from you, or from third parties (such as Mitsubishi dealers, or market research companies acting on our behalf) that have collected it from you. For example, if you purchase a Mitsubishi vehicle from a Mitsubishi dealer, MMAL will collect personal information about you from that dealer. Where we collect personal information from third parties, we will take reasonable steps to notify you or otherwise ensure you are aware of the fact that we are collecting that information and the circumstances of its collection.
There may be a range of consequences if you fail to provide information requested by us, for example we may be unable to process or respond to your request.
There will not usually be Australian laws or court/tribunal orders which require or authorise us to collect your personal information. However, if such laws or orders do apply, we will take reasonable steps to notify you of them.
We have policies and procedures intended to ensure that your personal information is not misplaced or misused, and that unauthorised access to, or modification or disclosure of, your personal information does not occur.
Specific security measures we employ include authorised user-only access to computer records (including password protection), internal procedures to protect physical documents and regular monitoring and improvement of our practices and systems to ensure the effectiveness of our security policies.
We will endeavour to destroy or de-identify your personal information as soon as it is no longer required by us (as permitted by law).
We will generally only use your personal information for the purpose for which we collected it, and for related purposes we consider will be within your reasonable expectations.
We generally use your personal information to:
provide the service requested, respond to your enquiries, send you information that you request, or otherwise achieve the purpose for which the information was submitted to us;
administer any warranty provided to you in relation to any products or services you acquire from us or our dealers;
provide you with certain services, such as the Diamond Care Roadside Assistance program;
contact you to ask about your experiences with, or impressions of, our products or services (such as during the Customer Satisfaction Survey we conduct shortly after you purchase a Mitsubishi vehicle);
contact you in the event of a voluntary or compulsory product recall, or if we wish to offer upgrades or modifications to products or services that you have acquired from us;
contact you from time to time to advise you of new products, promotional offers, or services offered by us or our dealers that we consider may interest you;
conduct market research or monitor product demand (although where possible we will use "de-identified" information that does not refer to particular individuals when conducting these activities);
contact you about other matters relating to products or services that you have acquired from us or our dealers;
streamline and personalise your experience within our web site, or tailor our information, services or products;
create aggregate data about our web site visitors and other statistics to allow for more efficient operation of our web site; and
engage in other activities where required or permitted by law.
MMFS will only use you consumer credit information:
to assess your application for consumer credit;
for purposes directly related to the internal management of your loan or the provision of credit;
in accordance with the consent and authorities you give in your consumer credit application.
Your commercial credit information will be used in the same way as your other personal information except that it will not be used to access an application by you for consumer credit without prior consent.
We may use personal information to contact you for marketing and promotional purposes. You may request not to receive these communications by contacting our Privacy Officer using the details set out in section 10 below, or by using the opt out function provided for in those communications. If you do not opt out in either of these ways you will be taken to have consented to receiving such communications from us.
There are no consequences for opting out of receiving our marketing and promotional communications except that you will no longer receive them, and you may elect to rejoin our marketing list at a later stage if you wish.
Where we propose to use your personal information for another purpose other than as outlined above, we will seek your consent prior to using your personal information for that purpose (unless we are required or permitted by law to do so without seeking your permission).
If personal information held by MMAL or MMFS is subject to loss or unauthorised access or disclosure, we will investigate the matter and comply with our obligation under the Privacy Act to notify the breach to the Information Commissioner and affected individuals, when required by the Privacy Act.
3.4 Disclosure of Personal Information to Other Organisations
We will generally only disclose your personal information for the purpose for which we collected it, and for related purposes we consider will be within your reasonable expectations.
MMAL and MMFS may disclose your personal information (other than your consumer credit information) to:
Mitsubishi dealers for certain purposes, for example, handling a warranty claim;
certain motoring organisations so that they may provide services to you under the Diamond Care Roadside Assistance program;
our authorised agents, contractors or subcontractors that provide administrative or promotional services (for example, mail processing businesses, printers, insurers, lawyers, accountants market research companies or other service providers). We typically enter into contractual agreements with these organisations to ensure that information we disclose is used only for the limited purposes for which we have provided it; and
each other and our related bodies corporate. For example, we may disclose your information to our Japanese parent companies.
If you have applied for credit from MMFS, MMFS may disclose your personal information:
to a credit reporting agency for the purpose of obtaining a credit report about you and /or allow the credit reporting agency to maintain a credit information file containing information about you;
to a debt collection agency;
to identity verification vendors including credit reporting bodies, who use your government related identifiers (for example, your driver’s licence number, passport number or Medicare card number) to authenticate your identity;
with your consent, to other credit providers for the purpose of assessing your application for credit; or
with your consent, to guarantors if a credit arrangement is guaranteed.
MMFS will only disclose your consumer credit report information to outside persons as permitted by the Privacy Act. Your consumer credit report information will only be disclosed to our Dealers and other third parties with your prior consent.
We are not generally likely to disclose personal information to overseas recipients other than our related bodies corporate in Japan (as mentioned above). Your personal information may also be disclosed to the cloud. Where your personal information is disclosed to an overseas recipient, we will only do so if we reasonably believe that are subject to laws that protect your personal information in the same or substantially the same way as the Australian Privacy Principles.
We will also take adequate measures to ensure that the personal information is handled by the overseas recipient in accordance with the Privacy act 1988 (Cth) and our instructions for the purposes described above.
Where we propose to disclose your personal information for another purpose other than as outlined above, we will seek your consent prior to disclosing your personal information for that purpose (unless we are required or permitted by law to do so without seeking your permission). An example is where personal information must be disclosed for certain law enforcement purposes.
3.5. How does MMFS handle your Credit Reporting Information?
In this section, references to “we”, “us” or “our” refer to MMFS only.
This section provides information about the management of your credit information. MMFS participates in the credit reporting system as a credit provider. When you apply for credit with MMFS, or offer to be a guarantor, we request a credit report about you from a credit reporting body. Credit reports contain information about your credit history that help us assess your credit application.
3.6. What credit information do we collect and hold?
If you apply for credit, we collect and hold information for the assessment of your credit. We collect information such as identification details, the type of credit you hold, the amount of credit provided to you, the terms of your credit, when credit was open or closed, whether you have meet your payment obligations of loans with us or other credit providers and other information required to assess your credit application. We will obtain a credit report from a credit reporting body. We also hold credit eligibility information (for example credit scores and assessments) that MMFS derives from information that it obtains from a credit reporting body.
3.6. What do we do with credit information?
We collect, hold, use and disclose credit information about you for purposes which include:
confirming your personal details;
assessing your credit application as either a consumer, commercial or guarantor;
account management and collection of any outstanding payments;
complying with any relevant laws and regulations;
for uses which are required or authorised by law; and
otherwise in accordance with the consents and authorities you give in your credit application.
If you have not met your payment obligations under your loan contract or committed a serious credit infringement, this may be reported to a credit reporting body. This information may be included in your credit report and provided to other credit providers to assist with their assessment of your credit worthiness.
We may disclose your information to any of the following CRBs:
Equifax – www.mycreditfile.com.au – 1300 762 207
Experian – www.experian.com.au – 03 8622 1600
Dun & Bradstreet – www.dnb.com.au – 13 23 33
You can view the privacy policies of the above CRBs on their website or contact them directly by calling the numbers provided.
If you have been, or believe you are likely to be, a victim of fraud, you can request the CRB not to disclose your credit report for 21 days. You can request an extension if you believe you may still be a victim of fraud. You can do this by contacting the CRB.
4. Access to and Correction of Personal Information
You may contact our Privacy Officer to request access to or correction of your personal information (including your credit information) held by us. Contact details for our Privacy Officer are set out in section 10 below. You will be required to verify your identity before we will allow you to access your personal information, for the protection of your privacy and the privacy of other individuals whose personal information we hold. We may refuse to allow you to access or to correct your personal information or direct you to a credit reporting agency if we are legally required or entitled to do so. If we refuse access, we will provide you with written reasons for the refusal (unless it is unreasonable to do so) and the options available to complain about the refusal.
We may require you to pay a fee in order to access your personal information held by us. We will advise the amount of the fee payable (if any) once we have assessed your application for access. We will not charge a fee for you to lodge a request for access to or correction of your personal information.
If you lodge a request for access, we may provide you with access to your personal information in any of a number of ways (including, for example, supplying you with a copy by mail or email).
We will take reasonable steps to ensure that the personal information that we collect, use and disclose is accurate, up-to-date and complete. If we are satisfied that any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will amend our records accordingly.
Please notify us if our records need to be updated. If we provide you with the means of informing us of changes to your personal information (such as by return forms sent to you by post, or tear-out pages in your Owner's Manual), we encourage you to use these means to assist us to maintain accurate records of your information.
5. Kinds of Personal Information We Hold
The personal information about you we may collect and hold includes but is not limited to your name and address, contact telephone number(s) and/or email address(es). We may also hold information about any products or services you acquire from us or our dealers, any warranty claims made in connection with those products or services, and any other personal information that you volunteer to us (if that information is reasonably necessary for, or directly related to, one or more of our functions or activities). We may also hold any details contained within identity documents provided to us, including but not limited to government identifiers (for example, a passport number, driver’s licence number, Medicare card number, etc.). We do not generally collect (or, if it is provided by you to us, retain) any sensitive information about you.
In addition, if you apply for credit with MMFS we will hold additional information provided in the consumer or commercial credit application as well as information collected for identification verification purposes.
6. Online Privacy
6.1 Automatic Server Logs
Our web site server automatically collects various items of information when you use our web site. For example, we may collect information about your computer's operating system, Internet Protocol (IP) address, access times, browser type and language, and the web site that referred you to us. We also collect information about your usage and activity on our web site.
When you visit our web site it may store "cookies" on your computer. The purpose of "cookies" is to avoid the need for you to re-enter certain information when you next visit our web site. The settings in your Internet browser software can be adjusted to prevent cookies being stored on your computer, if required. However, some of the features of our web site may then be lost.
Although, in some circumstances, it may be possible to identify you from the information we collect as described in this section 6.1, we do not attempt to do so, and only use this information for statistical analysis, system administration, and similar related purposes.
6.2 Email and Message Forms
We may collect personal information from you (such as your name, address, telephone number and email address, and any other personal information you volunteer) if you send us an email or if you submit information to us using a message form, brochure request form or feedback form. We will use this personal information to contact you to respond to your message, to send you information that you request, and for other related purposes we consider are within your reasonable expectations. We will not use or disclose any such information for any other purpose without your consent.
6.3 Storage and Transmission of Personal Information Online
If you provide any personal information to us via our online services (including email) or if we provide such information to you by such means, the privacy, security and integrity of this information cannot be guaranteed during its transmission unless we have indicated beforehand that a particular transaction or transmission of information will be protected (for example, by encryption).
If we receive your personal information, we will take reasonable steps to store it such that unauthorised access, modification, disclosure, misuse and loss are prevented.
6.4 Other Online Services
6.5 Third Party Advertising
If you believe that a breach of your privacy has occurred or you otherwise have a complaint about our use of your personal information, we encourage you to contact our Privacy Officer to discuss your concerns. Contact details can be found in section 10 below. Your complaint will be considered and dealt with by our Privacy Officer. If the breach is deemed to be serious, the Privacy Officer may escalate the complaint internally within our company.
Please allow us a reasonable time to respond to any complaint. If you are not satisfied with our resolution, you may make a complaint to the Office of the Australian Information Commissioner whose contact details can be found at: http://www.oaic.gov.au/.
9. Further Information
You may contact our Privacy Officer if you require further information about the ways we manage your personal information.