BMW Group Privacy and Credit Information Policy

At BMW Group, the privacy of personal information is important. This document sets out the Privacy and Credit Information Policy of:

• MINI Financial Services (a division of BMW Australia Finance Limited, Australian credit licence 392387) (BMWAF); and
• BMW Australia Ltd (trading as BMW Group Australia) and its retail subsidiaries BMW Melbourne Pty Limited and BMW Sydney Pty Limited (collectively BMW),

and explains how BMW and BMWAF manage personal information.

This document also sets out BMWAF’s policy in relation to the management of credit information and credit eligibility information, such as information about applications you make to BMWAF for credit, information about credit accounts you have with BMWAF and information BMWAF obtains from credit reporting bodies (CRBs).

1. What privacy laws apply to BMW and BMWAF?
   
   Whenever BMW or BMWAF collects, holds, uses, discloses or otherwise deals with any personal information, BMW and BMWAF are bound by and must comply with the Privacy Act 1988 (Privacy Act) and with the 13 Australian Privacy Principles (APPs) in the Privacy Act.
   
   In handling your credit information and credit eligibility information, BMWAF also complies with the credit reporting provisions of the Privacy Act and the Credit Reporting Code.
   
   
2. Collection of personal information
   
   Personal information includes any information or opinion about an identified, or reasonably identifiable, individual.
   
   The kinds of personal information BMW and BMWAF collect will vary depending on the particular circumstances and the types of products and services provided to you. Generally, the kinds of personal information BMW and BMWAF may collect include:
   • contact and identification information such as your name, residential and/or business address, email address, contact numbers, date of birth and driver's licence details;
   • vehicle details such as details of any vehicle purchased or financed, purchase date and the name of your authorised dealer (BMW Dealer), to the extent such information identifies, or could reasonably identify, you;
   • warranty and service details, to the extent such information identifies, or could reasonably identify, you;
   • information about you that is collected from marketing campaigns, product research and customer surveys;
   • any other information you provide to BMW or BMWAF; and
   • any other personal information which BMW or BMWAF is required or authorised to collect under law, for example for identity verification purposes.
   
   BMW or BMWAF may also collect sensitive information about you, including health information, where necessary in the circumstances. BMW and BMWAF will not collect sensitive information about you unless you have consented or the collection is otherwise required or authorised by law.
   
   
3. Collection of credit information
   
   If you make an application for commercial or consumer credit with BMWAF, are provided with or receive credit from BMWAF or guarantee the obligations of another under their credit arrangements with BMWAF, BMWAF may collect, hold, use and disclose a range of credit information and credit eligibility information (referred to in this policy as credit information), including:
   • that you have applied for credit with BMWAF or other credit providers and the amount of credit required;
   • that BMWAF, or another credit provider, is a current credit provider of yours and details of the type, characteristics and amount of credit provided to you;
   • information regarding the fact that BMWAF has accessed your consumer credit information in connection with its assessment of an application for credit;
   • whether you have met, or failed to meet, your repayment obligations in connection with credit provided by BMWAF or other credit providers;
   • details of you defaulting on a repayment (ie. a repayment that is at least 60 days overdue and over $150 in value) provided BMWAF has notified you in accordance with law;
   • information regarding you having paid any amount previously reported as being in default;
   • information regarding BMWAF’s, or another credit provider’s, belief on reasonable grounds that you have committed a serious credit infringement;
   • information regarding whether you have entered into an arrangement with BMWAF or another credit provider in relation to credit provided to you by BMWAF or the other credit provider;
   • details of credit provided to you, by BMWAF or another credit provider, being paid or otherwise terminated (including the date of payout or termination);
   • personal insolvency information, court records, public notices or other publicly available information about you;
   • information that is provided to BMWAF by a CRB, such as credit scores, assessments or records; and
   • information that is derived by BMWAF from information provided to BMWAF by a CRB, such as internally generated credit scores, assessments, summaries or evaluations.
   
   
4. Collection of personal information
   
   Generally, BMW and BMWAF collect personal information directly from you through:
   • BMW or BMWAF websites and the completion of online forms, contact with BMW or BMWAF Customer Interaction Centre or individual BMW or BMWAF personnel with whom you interact, whether in person or by way of email, telephone, SMS or fax communications or correspondence sent via post;
   • publicly maintained records or other publically available sources of information including social media and other similar websites; and
   • marketing campaigns including BMW or BMWAF competitions, promotions, events, sponsorships or through other partnerships.
   
   There may be occasions when BMW or BMWAF collects personal information from other sources including:
   • BMW Dealers or brokers;
   • each other and other companies which are part of the BMW Group;
   • service providers and business partners such as our roadside assistance and accident management provider, fleet services provider, insurance providers and recruitment service providers; and
   • publicly maintained records.
   
   Generally, BMW and BMWAF only collect personal information from sources other than you if it is unreasonable or impracticable to collect the personal information from you.
   
   
5. Collection of credit information
   
   In addition to personal information generally, BMWAF also collects credit information from a range of sources including:
   • directly from you or from someone acting on your behalf (such as when you submit information to BMWAF as part of BMWAF’s credit application or assessment processes);
   • from CRB’s or other credit providers;
   • from publically available sources; and
   • from BMWAF’s own records, from which BMWAF derive information it considers relevant, such as internally generated credit scores, assessments, summaries or evaluations.
   
   
6. BMW and BMWAF’s purposes for which they require personal information
   
   BMW and BMWAF collect, hold, use and disclose personal information where it is reasonably necessary for one or more of their functions and activities as companies in the business of manufacturing, selling and financing vehicles, parts, accessories and other related products and services.
   
   Accordingly, BMW and BMWAF require your personal information if reasonably necessary for the purposes of:
   • sales and aftersales activities including the provision of warranty and roadside and accident management services;
   • receiving, processing and assessing applications to BMWAF for finance and/or insurance;
   • customer support, care and information and managing relationships with customers;
   • managing or administering the services BMW or BMWAF provides;
   • identifying, addressing and preventing fraud;
   • assessing or investigating, or assisting in the assessment or investigation of, insurance claims;
   • undertaking customer surveys and analysis;
   • marketing activities, including the communication of information about the products and services of BMW and BMWAF;
   • research and development relating to BMW and BMWAF’s products and services;
   • deciding whether to offer you additional credit or to renew credit;
   • to provide information for the purposes of securitisation;
   • other purposes about which BMW or BMWAF inform you when your personal information is collected or to which you have otherwise consented;
   • related purposes which would be reasonably expected in the circumstances;
   • accounting, billing or other internal administrative purposes; or
   • any purposes otherwise permitted or required by any law.
   
   Where personal information is used or disclosed, BMW or BMWAF (as applicable) will take steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are not obligated to provide your personal information to BMW or BMWAF. However, without certain information, BMW and/or BMWAF may not be able to provide their products and/or services to you.
   
   
7. BMWAF’s purposes for which BMWAF requires credit information
   
   In addition to personal information generally, BMWAF also collects, holds, uses and discloses credit information for purposes relating to the provision and administration of finance and insurance products offered by BMWAF, including to:
   • assess any application by you or a company or other entity of which you are a director, public officer or are otherwise involved (you, your) for consumer or commercial credit;
   • assess any application by you to be a guarantor of credit granted, or proposed to be granted, by BMWAF to another;
   • make decisions regarding whether to provide you with credit;
   • provide you with consumer or commercial credit;
   • assist you to source and/or finance insurance products;
   • manage credit or other products or services BMWAF provides to you from time to time;
   • undertake identification and verification processes in accordance with the Anti-Money Laundering and Counter Terrorism Financing Act or any other relevant laws;
   • undertake securitisation activities in respect of credit BMWAF provides to you;
   • collect or seek to collect payments that are overdue in relation to credit provided to you or in respect of which you are a guarantor;
   • assist or seek to assist you to avoid defaulting on repayment obligations;
   • inform you of finance and insurance products and arrangements that may be of interest to you; and
   • undertake such other activities as the law requires or permits.
   
   
8. Disclosure of personal information
   
   BMW and BMWAF disclose personal information for the purposes for which it is collected. That is, generally, BMW and BMWAF will only disclose personal information for a purpose set out in paragraph 6. This may include disclosing your personal information to:
   • BMW Dealers or brokers of either BMW or BMWAF so that they may use the personal information for one or more of the purposes set out in paragraph 6 or to assist BMW or BMWAF to carry out the particular purpose. BMW Dealers or brokers may in turn disclose your personal information they have collected from BMW or BMWAF to one of their service providers;
   • to each other and other companies which are part of the BMW Group;
   • third parties engaged to perform administrative or other services; and
   • other service providers and business partners such as BMW or BMWAF’s roadside assistance and accident management provider, fleet services provider, insurance providers, mailing houses, vehicle and vehicle product importers and distributors, and recruitment service providers.
   
   These disclosures are always on a confidential basis or otherwise in accordance with law. BMW and BMWAF may also disclose your personal information with your consent or if disclosure is required or authorised by law (including to AUSTRAC in respect of any suspicious or threshold transactions or activities).
   
   
9. Disclosure of credit information
   
   Without limiting the above, BMWAF may disclose credit information for the purposes set out in paragraph 7, subject to BMWAF’s obligations under the Privacy Act. This may include BMWAF disclosing credit information to:
   • other credit providers;
   • third parties where reasonably necessary for assessing, providing or administering your application for consumer or commercial credit or an insurance product, or assessing whether to accept you, or to trigger your obligations, as a guarantor;
   • a guarantor, or prospective guarantor, of any credit provided by BMWAF or that you apply for from BMWAF;
   • BMWAF’s related bodies corporate, business partners, contractors, consultants and professional advisors;
   • other entities which may wish to acquire, or have acquired, an interest in BMWAF, the benefit of any contracts entered into by us or any rights under an account or agreement you have with us;
   • debt collection or recovery service providers; and
   • the CRB, Equifax.
   
   In particular, BMWAF may disclose to Equifax:
   • identification details;
   • that you have applied for credit with BMWAF and the amount of credit required;
   • that BMWAF is a current credit provider to you;
   • whether you have met, or failed to meet, your repayment obligations to BMWAF;
   • details of you defaulting on a repayment (ie a repayment that is at least 60 days overdue and over $150 in value) provided BMWAF has notified you in accordance with law;
   • you having paid any amount previously reported as being in default;
   • BMWAF’s belief, on reasonable grounds, that you have committed a serious credit infringement; and
   • details of credit that BMWAF has provided to you being paid or otherwise terminated.
   
   Equifax’s policy on its management of credit-related personal information can be accessed through its website at http://www.equifax.com.au/privacy. Equifax can otherwise be contacted on the following details:
   
   Equifax – Public Access
   Equifax Australia Information Services and Solutions Pty Limited
   GPO Box 964
   NORTH SYDNEY NSW 2059
   
   Equifax, or any other CRB to whom BMWAF discloses your credit information, may include your personal information including credit information, disclosed to it by BMWAF, in reports that are then provided to other credit providers for the purpose of those providers assessing your credit worthiness.
   
   
10. Direct marketing
    
    As detailed above BMW and/or BMWAF may collect, use and disclose your personal information to inform you of products, services or offers of BMW, BMWAF or their respective business partners which may be of interest to you.
    
    This may include BMW or BMWAF disclosing your personal information to any of the following entities for the purpose of them contacting you regarding such offers or information (which may include offers or information about the products or services of the entity):
    • related bodies corporate of BMW or BMWAF (for example BMW AG, being BMW and BMWAF’s parent company based in Munich, Germany);
    • BMW Dealers; or
    • other entities with which BMW or BMWAF has a commercial relationship or arrangement (such as roadside assistance and accident management providers, fleet services providers and insurance providers).
    
    BMW or BMWAF may contact and communicate with you for the purpose of direct marketing via BMW or BMWAF websites, social media and other similar websites, the telephone, post, facsimile, email or SMS.
    
    If you do not want to receive this information or do not want BMW or BMWAF to use or disclose your personal information for direct marketing purposes, the BMW Resolution Officer can be contacted on the details set out in paragraph 17.
    
    Generally, BMW and BMWAF will not directly market to you unless you have been given an opportunity to opt out of receiving future direct marketing communications.
    
    However, if BMW or BMWAF contacts you for the purpose of direct marketing, without having obtained your prior consent, BMW or BMWAF (as applicable) will provide you with the opportunity to opt out of receiving any further marketing communications.
    
    Additionally, BMWAF will not use or disclose your credit information for direct marketing purposes except in accordance with a pre-screening process as prescribed by the Privacy Act. Such a process would involve BMW or BMWAF, as applicable, nominating eligibility requirements against which Equifax would assess your eligibility to receive direct marketing communications from BMWAF. BMWAF does not receive the results of this pre-screening process.
    
    You may make a request directly to Equifax on the contact details above not to use your credit information for these purposes.
    
    
11. Overseas disclosures
    
    BMW and BMWAF may disclose personal information (including credit information) to overseas recipients in order to provide their products and/or services and for administrative or other business management purposes.
    
    While it is not practicable to list every country in which such recipients may be located, recipients of such disclosures is likely to include Germany.
    
    
12. Security of personal information and credit information
    
    BMW and BMWAF each take steps reasonable in the circumstances to ensure that the personal information they hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.
    
    BMW and BMWAF hold personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.
    
    Personal information may also, in certain circumstances, be held on behalf of BMW and BMWAF in hard copy or electronic forms by their service providers (such as offsite document storage providers or electronic data storage providers).
    
    BMW and BMWAF require employees, service providers, BMW Dealers and other entities to which they disclose personal information to comply with confidentiality and security requirements regarding personal information held on behalf of BMW or BMWAF and to treat personal information in accordance with the Privacy Act.
    
    BMW and BMWAF take steps reasonable in the circumstances to destroy or permanently de-identify any personal information held in circumstances where it is no longer required, unless the retention of the personal information is otherwise required or authorised by law.
    
    Additionally, BMWAF takes steps reasonable in the circumstances to ensure that the credit information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. BMWAF holds credit information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.
    
    BMWAF destroys or de-identifies credit information it holds in circumstances where it is no longer required, unless BMWAF is otherwise required or authorised by law to retain the information.
    
    If you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud, you may request Equifax not to use or disclose credit-related personal information it holds about you by contacting Equifax on the details set out above.
    
    
13. Access and correction - personal information
    
    BMW and BMWAF take steps reasonable in the circumstances to ensure that the personal information they collect, hold, use and disclose is accurate, complete, up-to-date, relevant and not misleading.
    
    You have a right to request access to, and seek correction of your personal information held by BMW and BMWAF. All such requests can be made to the BMW Resolutions Officer on the contact details set out in paragraph 17.
    
    BMW or BMWAF (as applicable) will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.
    
    To obtain access to your personal information held by BMW or BMWAF, you will need to provide proof of your identity and be reasonably specific about the information you require. BMW or BMWAF may charge you a reasonable administration fee, which reflects the cost to BMW or BMWAF of providing access in accordance with your request.
    
    If BMW or BMWAF refuses a request for access or correction, written reasons for the refusal and details of complaint mechanisms will be provided. BMW or BMWAF (as applicable) will also take steps reasonable in the circumstances to provide access in a manner that meets your needs and the needs of BMW or BMWAF.
    
    BMW and BMWAF will endeavour to respond to a request for access or correction within 30 days from the request.
    
    
14. Access and correction - credit information
    
    BMWAF takes steps reasonable in the circumstances to ensure credit information it holds is accurate, up-to-date, complete, relevant and not misleading.
    
    You have a right to request access to, and seek correction of, the credit information BMWAF holds about you. All such requests can be made to the BMW Resolutions Officer using the contact details set out in paragraph 17 of this policy.
    
    To obtain access to your credit information held by BMWAF, you will have to provide proof of your identity and be reasonably specific about the information you require. BMWAF may charge you a reasonable administration fee, which reflects the cost to BMWAF of providing access in accordance with your request.
    
    Where necessary to resolve a request for correction, BMWAF may also consult with other relevant entities including, but not limited to, Equifax and other credit providers.
    
    Alternatively, if you would like to access credit information held about you by Equifax, please contact Equifax on the contact details set out above.
    
    BMWAF will endeavour to respond to your request to access or correct your credit information within 30 days of your request. If BMWAF refuses your request to access or correct your credit information, BMWAF will provide you with written reasons for the refusal and details of complaint mechanisms. If you are dissatisfied with BMWAF’s refusal to grant access to, or correction of, your credit information, you may make a complaint to the Office of the Australian Information Commissioner or to the Australian Financial Complaints Authority (AFCA) on the following details:
    
    Website: www.afca.org.au
    Email: info@afca.org.au
    Telephone: 1800 931 678 (free call)
    Post: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001.
    
    
15. Complaints - personal information
    
    If you believe that BMW or BMWAF has not dealt with your personal information in a manner that complies with the Privacy Act and the APPs, you should contact the BMW Resolutions Officer on the contact details set out in paragraph 17. Generally, you will be required to put your complaint in writing. If appropriate, BMW or BMWAF may refer you to the relevant BMW Dealer or organisation.
    
    Privacy complaints will:
    • be treated seriously;
    • be dealt with promptly;
    • be dealt with in a confidential manner; and
    • not affect existing obligations or the commercial arrangements between you and BMW or BMWAF.
    
    The BMW Resolutions Officer will commence an investigation into your complaint and inform you of the outcome of the complaint following the completion of the investigation.
    
    In the event you are dissatisfied with the outcome of the complaint, you may refer your complaint to the Office of the Australian Information Commissioner.
    
    
16. Complaints - credit information
    
    If you believe that BMWAF has not dealt with your credit information in a manner that complies with the Privacy Act or the Credit Reporting Code, you should contact the BMW Resolutions Officer using the contact details set out in paragraph 17. You will generally be required to put your complaint in writing.
    
    Upon receiving a complaint relating to credit information:
    • BMWAF will acknowledge your complaint within 7 days of receipt and resolve it within 30 days, unless you agree to a longer period in writing;
    • BMWAF may consult with relevant third parties, such as Equifax or other credit providers, in order to sufficiently and expeditiously resolve your complaint; and
    • BMW will treat your complaint seriously, promptly and confidentially.
    
    A complaint will not affect existing obligations or the commercial arrangements between you and BMWAF.
    
    If your complaint relates to BMWAF’s refusal to provide access to, or correction of, your credit information, or if you are dissatisfied with the outcome of your complaint, you may complain to the Office of the Australian Information Commissioner or to the Australian Financial Complaints Authority (AFCA) on the following details:
    
    Website: www.afca.org.au
    Email: info@afca.org.au
    Telephone: 1800 931 678 (free call)
    Post: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001.
    
    
17. How to contact BMW or BMWAF
    
    For further information or enquiries regarding BMW or BMWAF’s handling of personal information and credit information, or to opt-out of receiving any promotional communications, please contact the BMW Resolution Officer on the following details:
    
    BMW Resolutions Officer
    783 Springvale Road, Mulgrave
    Victoria 3170, Australia
    Email: compliance@bmwfinance.com.au
    
    
18. Transparency
    
    A copy of this Privacy and Credit Information Policy will be made available to anyone who requests it and a link to this Privacy and Credit Information Policy will be provided from the website www.bmw.com.au.
    
    A request for a copy of this Privacy and Credit Information Policy may be made to the BMW Resolutions Officer on the details in paragraph 17 or by calling 03 9264 4492.
    
    
19. Changes to this Privacy and Credit Information Policy
    
    This Privacy and Credit Information Policy may be reviewed and amended from time to time. Any updated Privacy and Credit Information Policy will be made available on the website www.bmw.com.au or otherwise on request.
    
    
20. Privacy and Collection Statements
    
    BMW and BMWAF may also issue privacy and collection statements through their website or other points of contact and collection which will refer to this Privacy and Credit Information Policy but will also give more specific information about the collection, use and disclosure of personal information being collected at that time (by reference to the relevant circumstances of collection).