Privacy Policy
Eagers Automotive Limited
ABN 87 009 680 013
Eagers Automotive Limited and its subsidiaries (“we”/ “us”/ “our”) endeavour at all times to comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Privacy (Credit Reporting) Code 2025 which together are referred to in this policy as “Australian Privacy Law.” We also endeavour at all times to comply with New Zealand’s Privacy Act 2020, Information Privacy Principles and the Credit Reporting Privacy Code 2020 which together are referred to in this policy as “New Zealand Privacy Law.”
This policy applies to anyone who deals with us in any way, including through our websites and applications (“apps”), in person at out dealerships or service centres, or over the phone and email, and from or about whom we collect personal information (whether as a prospective or an actual customer, guarantor, contractor, supplier, service provider, employee or in any other capacity whatsoever) including anyone who applies for or receives consumer or commercial credit from us or through us from an external credit provider. This policy applies in addition to any other privacy or collection statement that may be given at the point of collection of personal information.
In order to provide the goods and services on offer, we may need to collect personal information, sensitive information, consumer credit information and/or commercial credit information in respect of any person to whom this policy applies (“you”). While we endeavour to collect personal information directly from you, we may also collect information from you indirectly, for example through your use of our website and apps in order to provide an improved customer experience, or where we need to request information about you from a third party, such as a credit report from a credit reporting agency, to assist us to make an informed decision about services on offer.
We will give you a hardcopy of this policy on request – refer to the heading “Our Contact Details”.
You are not required to provide us with your name or any personal information if you do not wish to and you are free to use any name allowed by law. We, however, may not be able to deal further with you or provide particular goods or services without obtaining your real name and other verifiable pieces of personal information.
Neither we nor any external credit provider is permitted by law to provide you with credit without obtaining proof of your identity.
By engaging or dealing with us in any way, including by visiting our website, contacting us by phone or email or visiting us in person, you agree to the terms of this policy and consent to our collection, holding, use and disclosure of your information in accordance with this policy.
We may collect and store personal information about you, including your:nameaddressdate of birthemployer, previous employers and length of any employmentemail addresstelephone numbersphotos, images and biometric informationpublicly available information (e.g. information found on social media accounts)bank detailsgovernment identifiers (e.g. drivers licence number, passport number)vehicle details (including VIN and registration number)customer history with usWe may also collect, use and store information about your visits to our website and access and use of apps, including:the browser type, device type, domain name, IP address and operating system of the computer from which you accessed the internetthe date and time you accessed the website or appthe internet address of the website from which you linked directly to our websitethe pages you accessed while visiting the website and your interactions with the websitevehicle data which may be automatically transmitted from your vehicle to usOur websites may use cookies or similar technologies to collect and store information. If you do not wish to have cookies placed on your computer, you can set your web browser preferences to reject cookies or disable them. If you set your web browser to block or limit cookies, some features of our website may not work as efficiently or at all.Your internet service provider or the providers of your internet browser software may also collect such information for their own purposes. We are not responsible for the collection, storage and use of such information by these entities and refer you to their respective privacy policies.We may also collect and store information obtained through your phone calls to or from our dealerships, customer service lines and other dedicated business lines, including:the phone number from which you are callingthe name displayed on the Caller ID (if available)call recordings and transcripts of calls you place to us or from our business linesWe may use and analyse call information to increase or verify the accuracy of caller information, customise customer response according to call location, inform customer profiles and sentiment and as otherwise set out in this policy.If you apply for commercial or consumer credit we will also collect and store information, as referred to under the headings “Commercial Credit Information” and “Consumer Credit Information”.If you apply on the grounds of hardship to vary payment arrangements for credit granted, we may also collect and store information, as referred to under the heading “Hardship Information”.If you apply for employment with us, we may also collect and store information, as referred to under the heading “Employment Information”, including your:education, training and other qualificationswork historyprofessional or trade associations or union membershiphobbies and other interestscriminal historydemographicspersonal statements about your attitudes to:lifeworkrelationshipsother workersIf you apply to join a loyalty program, we may also collect and store information, as referred to under the heading “Loyalty Programs”.
If we cannot collect all or some of your personal information (because you do not agree to provide the information, for us to share or disclose the information, you choose to opt-out, or otherwise), we may not be able to:provide you with the products, services and information, at all or to the level you would like or requireprovide you will access to and use of our website or appsprovide you with a benefit, allowance or concessionproperly investigate or resolve a complaint
If you:inquire about our goods or services or about becoming our customer, or if you become our customer, in relation to any goods or servicesdownload, access and/or use apps or other cloud based servicesapply for, or receive, credit from us or through us from another personagree to guarantee credit from us or through us from another personapply or agree to vary the terms of payment under a credit contractapply for employment or otherwise agree to work for or with usapply to join a loyalty programapply for or accept grants or other assistance from usotherwise contact or deal with usthen we may collect personal, credit and/or sensitive information about you from you or from other sources when it is impractical or unreasonable for us to collect it directly from you. These sources may include:a credit reporting bodysomeone authorised by you such as an agent, broker, accountant, solicitor, attorney, financial counsellor, introducer, business colleague, associate, family member or guarantora refereean employer (current or former)a government bodya financial institutiona professional or trade association or trade uniona manufacturer or distributor of any products or services supplied by us, purchased by you or in respect of which you have made enquiries or which you get serviced or repaired with usour agents such as commercial agents, debt collectors or solicitorsWe may collect the information in person, over the phone or internet, by mail, fax, email or camera (including via CCTV and number plate recognition technology), through social media or biometric reader, by other electronic means or by completion of an application or consent form, whether on-line or otherwise. We may also purchase it from third parties if lawful to do so.We may collect the information from phone calls and call recordings and transcripts, and from your visit to our website through the use of technologies such as anonymous identifiers, session variables and cookies.We may also collect personal, credit and/or sensitive information about you when we acquire a business (such as a dealership) that you have previously dealt with, and may disclose personal, credit and/or sensitive information about you to a third party upon sale of business by us to that third party, for the purposes of providing continuity of the customer relationship.
We use reasonable endeavours to secure your personal information which may include:maintenance of a secure environment for storage of informationrequiring that access to such information be confined to authorised personnelusing technology such as encryption or password protection to secure informationWe require and/or expect other entities that collect your information from us to use reasonably available technology to secure it.We are not responsible for the security of any computer, mobile phone, tablet computer or other device whatsoever which you use to access our websites or to communicate with us and through which we provide communications to you.We take all reasonable steps to keep your personal information secure. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your personal information. Please notify us immediately if you become aware of any breach of security of your information.We will hold your personal information only for as long as required to comply with our obligations under the Australian Privacy Laws and New Zealand Privacy Laws. When your personal information, sensitive information and/or commercial credit information are no longer required to be retained by us, we use best endeavours to safely and securely delete or destroy the information or keep it in a form that does not identify you.
We may collect, hold, use and disclose your information for the following purposes:the provision of goods or services to you, including but not limited to vehicle sales and servicing, vehicle test drives, provision of warranty, insurance, financing and creditto provide you with access to and use of apps and other cloud-based servicesfor the administration of agreements to which you or we are a party and to assess compliance with them and benchmark performancefor the administration of any warranty provided to youto consider any application or proposed guarantee by youto ask about your experiences with or impressions of goods or services supplied by us or to you or in respect of which you have made enquiriesto contact you regarding product recallto conduct customer care, marketing, promotional and advertising activitiesto conduct surveys and assess market trendsto improve website functionality or useabilityto facilitate the operation or functionality of operational, administrative, information and other systems and proceduresto assist with audits, reviews, investigations or enquiries concerning goods or services supplied by us or to you or otherwisethe administration, management or improvement of businessfor data analytics and market researchfor purposes outlined in policies, procedures or manualsfor a time and attendance system or provision of services such as training for employees, contractors or providers or receivers of goods or servicesfor the assessment and processing of job or other applicationsto share between our related bodies corporate both in Australia and New Zealand for any of these purposesto exercise, enforce, take lawful action in respect of, secure or perfect any right or agreementto communicate with you (or to disclose your personal information to third parties so they may communicate with you), by way of direct marketing, information about our goods or services or those of other organisationsto search public records or registers, or to register information or an interest thereonfor any potential or actual sale, transfer, merger, acquisition, restructure or other dealing in respect of business or assetsfor agreements we have with manufacturers, distributors or suppliers of goods or services supplied by us or to you or in respect of which you have made enquiries or which you get serviced or repaired with us, other suppliers, financiers, insurers, brokers, service providers, dealer associations or other external parties whatsoever (“counterparties”)to allow counterparties to achieve any of these purposes and share your information with other organisations whether or not they are part of our group (including dealerships and businesses in their networks and their suppliers, service providers, associates and other external parties whatsoever) for these purposes (and this includes disclosure to the counterparties and other organisations for such purposes and we refer you to their privacy policies)to communicate with you for any of these purposesfor any purpose requested or consented to by youfor law enforcement purposes, and any purpose required, authorised or permitted by lawto comply with any law including the National Consumer Credit Protection Act, Privacy Act, Anti-Money Laundering and Counter-Terrorism Financing Act and any other law whatsoeverfor any other purpose referred to in this policy
We will only send you marketing material with your consent, which may be inferred or express. If we send you direct marketing material, we will provide you with a means to opt out of receiving further material.You may otherwise opt out of receiving direct marketing material by contacting our dealerships directly, or by contacting us as referred to under the heading “Our Contact Details”.If you wish to raise concerns about direct marketing material you receive from us or through use by others of our databases, please contact us as referred to under the heading “Our Contact Details”.
Your personal information may be transmitted to overseas recipients in order to provide our goods and services in the ordinary course of business (including to the original equipment manufacturer (“OEM”) of vehicles or parts purchased from us or serviced by us), or through normal use of our information technology systems. Although it is not practicable to list all the countries in which these recipients are located, they are likely to be in the USA, the UK, New Zealand, Japan, India, Germany, Canada, Singapore, the Philippines, the Czech Republic, Hong Kong, Spain, South Korea, Sweden, Malaysia or China (“Recipient Countries”).We may also supply some of your personal information and (if you apply to a loyalty program offered by an external organisation) sensitive information to overseas recipient. It is not practicable to list all the countries in which these recipients are located but they are most likely to be in the Recipient Countries.When we supply your information to any overseas recipients, we shall do so only for purposes listed in this policy and in accordance with Australian Privacy Law and/or New Zealand Privacy Law, as applicable. However, an overseas recipient may not be required to protect your information in a way that, overall, provides comparable safeguards to those in the Australian Privacy Laws and/or New Zealand Privacy Laws.
“Commercial credit” is credit to finance the purchase of goods or services from us or another party which are for business use and not for personal, domestic or household purposes.We will collect, hold, use and disclose commercial credit information from or about you if you:apply for or receive commercial credit from us or through us from an external credit provideragree to provide a guarantee for such creditThe commercial credit information about you which we may hold, use, collect and disclose includes:Identification informationFinancial Information including:assetsliabilitiesCredit liability information about any credit accounts you have applied for or hold whether with us or some other credit provider including:type of accountwhen it was opened and, if applicable, closedif a credit account, then the maximum amount of credit approvedother specific terms and conditions of the accountRepayment history information of credit accounts you now hold or which you have held including:whether or not payment was made in any month it was dueany late paymentsin what month the payment was ultimately paidInformation about the credit application including:the type of credit, whether consumer or commercialthe amount of credit soughtDefault information if you fail to make a payment owed to us or another credit provider which was overdue for more than 60 days. We may disclose this to a credit reporting body. It may also be disclosed to a credit reporting body by another credit providerCourt proceedings information about a judgment of any court that was made against you in relation to any credit that was provided to or applied for by youPublicly available information about you that is not otherwise described above but which is relevant to your credit worthinessCredit worthiness or credit eligibility information including any we obtain from a credit reporting bodyWe may collect, hold, use and disclose your personal and commercial credit information to:assess your credit application and that of any proposed guarantors (or progress the applications to the relevant credit provider) and report on the progress of the applicationsmanage the provision of credit and your credit contractconsider any application for variation of your payments whether or not on the grounds of hardshipcollect any debt or otherwise enforce any rights whether by court proceedings or otherwise arising under your credit contractassist you if we consider you may be at risk of defaultundertake securitisation activities or any assignment of debtdeal with any complaint by you through our Internal Dispute Resolution process or External Dispute Resolution schemeWe will only disclose the commercial credit information to external credit providers with your consent or if you have made or intend to make an application to them for credit or if we are permitted to do so by law. We refer you to the privacy policies of these external credit providers.In order to obtain credit information about you from credit reporting bodies we may disclose to them commercial credit information about you. Those credit reporting bodies may then include that commercial credit information about you in reports they provide to other credit providers.
The credit reporting bodies to which we may disclose your credit information include:Equifax Pty Ltd
GPO Box 964
NORTH SYDNEY NSW AUS 2059
Website: www.equifax.com.auEquifax Pty Ltd
Private Bag 92156
Auckland Mail Centre AUCKLAND NZ 1142
Website: www.equifax.co.nzWe refer you to the privacy policies of these credit reporting bodies.We shall not disclose your commercial credit information to any other party for the purpose of direct marketing without your consent unless permitted by law. We may disclose other personal information for that purpose as described above.
“Consumer credit” is credit to finance the purchase of goods or services from us or another party which will be used wholly or predominantly for personal, domestic or household purposes.We may collect, use, hold and disclose consumer credit information from or about you if you:apply for or receive consumer credit from us or through us from an external credit provideragree to provide a guarantee for such creditThe consumer credit information about you which we may collect, hold, use and disclose includes:Identification informationFinancial Information including:income (from all sources including government benefits) and current employment status and recent historyassetsexpensesdebtsCredit liability information about the credit accounts you have applied for or hold whether with us or some other credit provider including:type of accountwhen it was opened and, if applicable, closedif a credit account, then the maximum amount of credit approvedother specific terms and conditions of the accountRepayment history information of credit accounts you now hold or which you have held including:whether or not payment was made in any month it was dueany late paymentsin what month the payment was ultimately paidInformation about the credit application including:the type of credit, whether consumer or commercialthe amount of credit soughtDefault information if you fail to make a payment owed to us or another credit provider which remains overdue for more than 60 days. We may disclose it to a credit reporting body. It may also be disclosed to a credit reporting body by another credit providerCourt proceedings information about a judgment of any court that was made against you in relation to any credit that was provided to or applied for by youPublicly available information about you that is not otherwise described above but which is relevant to your credit worthinessCredit worthiness or credit eligibility information including any we obtain from a credit reporting bodyWe may collect, hold, use and disclose your personal and consumer credit information to:assess your credit application and that of any proposed guarantors (or progress the applications to the relevant credit provider) and report on the progress of the applicationsmanage the provision of credit and your credit contractconsider any application for variation of your payments whether or not on the grounds of hardshipcollect any debt or otherwise enforce any rights whether by court proceedings or otherwise arising under your credit contractassist you if we consider you may be at risk of defaultundertake securitisation activities or any assignment of debtdeal with any complaint by you through our Internal Dispute Resolution process or External Dispute Resolution schememake a consumer credit inquiry of a credit reporting body about youWe will only disclose the consumer credit information to external credit providers with your consent or if you have made or intend to make application to them for credit or if we are permitted to do so by law. We refer you to the privacy policies of these external credit providers.In order to obtain credit information about you from credit reporting bodies we may disclose to them consumer credit information about you. Those credit reporting bodies may then include that consumer credit information about you in reports they provide to other credit providers.The credit reporting bodies to which we may disclose your credit information and their contact details are included above under the heading “Commercial Credit Information”. We refer you to their privacy policies.We shall not disclose your consumer credit information to any other party for the purpose of direct marketing without your consent unless permitted by law. We may disclose other personal information for that purpose as described above.
“Hardship information” is information supplied by you or otherwise collected by us to facilitate consideration of a variation to the terms of repayment of commercial or consumer credit granted to you on the grounds of hardship.We may collect hardship information if you:have received credit from usare experiencing difficulty in meeting your repayment obligations under your credit contract with us, andhave applied for or approached us for a variation in those obligations on the grounds of hardship whether as result of receiving a notice or statement from us or otherwiseIn the course of you applying for a variation in repayment terms on the grounds of hardship, or us otherwise considering such a variation, we may collect from you or from other sources information about illness, unemployment or other reasonable causes of hardship. This will, most likely, be “sensitive information” under Australian Privacy Law.We will only collect sensitive information that is relevant to consideration of a variation in your repayment terms on the grounds of hardship. Such information may include:health information about you or another member of your familythe reasons for your current financial position or that of your businesschanges to your marital statusother matters relevant to consideration of a variation to the terms of repayment of your credit and which have not otherwise been collected by us as personal or credit informationWe will only collect, use, hold and disclose the sensitive information included in your hardship information for the following purposes:to assess your application for a variation to the terms of repayment under your credit contract on the grounds of hardship (‘hardship variation’)to explain our decision whether or not to agree to a hardship variationto administer, monitor and record any agreed hardship variationWe will not disclose the sensitive information to any party except for the purposes described above or as permitted by Australian Privacy Law.In particular, we will not disclose the sensitive information to any credit reporting body or any other credit provider except as described above or as permitted by the Australian Privacy Law or New Zealand Privacy Law, and without limitation we may disclose your repayment history or default information as notified above.External ServicesIf you have contacted our Privacy Officer (see below for contact details under the heading “Our Contact Details”) and are not satisfied with our response or internal dispute resolution process, you may also refer the matter to:The Office of the Australian Information Commissioner
GPO Box 5288
Sydney NSW 2001
Tel: 1300 363 992
Fax: +61 2 6123 5145
Website: www.oaic.gov.auPrivacy Commissioner of New Zealand
PO Box 10 094
WELLINGTON NZ 6140
Tel: 0800 803 909
Email: enquiries@privacy.org.nz
Website: www.privacy.org.nz/If you have provided personal information to us for the purpose of applying for consumer credit and you have contacted our Privacy Officer (see below for contact details under the heading “Our Contact Details”) and are not satisfied with our response or internal dispute resolution process, you may also refer the matter to:Australian Financial Complaints Authority
GPO BOX 3
MELBOURNE VIC 3001
Tel: 1800 931 678
Email: info@afca.org.au
Fax: 03 9613 6399Commerce Commission New Zealand
PO Box 2351
Wellington 6140 NZ
Tel: 0800 943 600
Email: contact@comcom.govt.nz
Website: www.comcom.govt.nz
Website: www.afca.org.au
We may collect personal and sensitive information from you in relation to your application for employment with us. We will collect, hold and use that information solely for the purposes of assessing your application.We will not, without your consent, disclose such information to any external person without your consent. We will destroy our record of your application within twelve (12) months of any unsuccessful employment application unless you agree otherwise. If you are successful, your information will become part of your employment record with us.
If you apply to join a loyalty program offered by us or through us by a manufacturer or distributor of goods or services supplied by us or by any other organisation, we may also collect the following kinds of information:marital statusgenderhousehold Incomenumber of children living at homesporting interestsleisure and cultural interestsprevious and current motor vehicles owned by youyour decision to purchase a particular motor vehiclefinancial information about the purchaseThis information will be collected, held, used by us and may be disclosed to the organisation providing the loyalty program and some of this information may be provided to our agents or their agents for the following purposes:providing the services offered as part of the loyalty programinforming you about other goods or services offered by us or the other organisationproviding information to third party contractors who supply services to the loyalty program or directly to you as part of the programto obtain your feedback on the loyalty programto otherwise monitor, manage and administer the loyalty programWe refer you also to the privacy policy of the organisation providing the loyalty program.
Any request for access to your personal, sensitive or credit information held by us must be sent by email or post to our contact details referred to below under the heading “Our Contact Details”. Before we can grant you access to your personal information, we will need to verify your identity.If we are unable to grant you access, we will give you our reasons in writing within a reasonable time.These may include where providing the information to you may:reveal personal information about another individual personpose a threat to the health or safety of another individual personnot be permitted by lawreveal information of a commercially sensitive nature which is not required to be disclosed to you by Australian Privacy Law or New Zealand Privacy LawThere is no charge to make a request for access to your information, however we may apply an administration fee for providing access.We cannot give you access to credit information held about you by an external party whether that body obtained the information from us or not. We refer you to the privacy policy of that body.
If you believe any personal information we hold about you is incorrect, please contact us at the contact details referred to below under the heading “Our Contact Details” and tell us what information is, in your belief, incorrect and how you want it changed. Before we can make any amendments to your personal information, we will need to verify your identity.We will deal with your request, including providing a response or completing any reasonable action, in accordance with Australian Privacy Law or New Zealand Privacy Law, as applicable.If we are unable to update your personal information, we will issue a written notice to you that describes our reasoning for doing so.If we have supplied credit information which we have agreed to correct to a credit reporting body, we will notify that body within the timeframe required by law.
If you have any complaint about how we deal with your personal information, please contact our Privacy Officer at the contact details referred to below. Our Privacy Officer will handle your complaint according to Australian Privacy Law or New Zealand Privacy Law.
All communications you send to us must be sent by email or post to the following address AND marked to the attention of “The Privacy Officer”:By email: privacy@eagersautomotive.com.auBy post: PO Box 199, Fortitude Valley Qld 4006 Australia
We may make changes to this Privacy Policy from time to time for various reasons including:changes to the lawchanges to technologychanges to our business practices, procedures or systemsWe will notify such changes by including the updated policy on our website. Where the changes may affect you in a particular way, and you have a contract with us, we will notify you if required by the contract or Australian Privacy Law or New Zealand Privacy Law.
We do not, and do not intend to transact with anyone we know to be under the age of 18. If you are under the age of 18, you should only communicate and transact with us with the involvement of a parent or guardian and should not submit any personal information to us. By providing any personal information to us, you declare that you are over the age of 18.
Our Toyota dealers are:AP Motors (No. 3) Pty LtdBASW Pty LtdBig Rock 2005 Pty LtdBridge NT Pty LtdCardiff Car City Pty LtdCH Autos Pty LtdEagers NT Pty LtdEagers TACT Pty LtdEASST Pty LtdGraham Cornes Motors Pty LtdHighland Autos Pty LtdMotors Group (Glen Waverley) Pty LtdPT (2013) Pty LtdSWGT Pty Ltd as trustee for the SWGT Unit TrustOur Toyota dealers are part of the OneToyota network of Toyota organisations in Australia (each a OneToyota organisation), comprising:authorised Toyota dealers in AustraliaToyota Motor Corporation Australia LimitedToyota Finance Australia LimitedAioi Nissay Dowa Insurance Company Australia Pty Ltd trading as Toyota Insurance, and Toyota Western Australia (comprising Prestige Motors Pty Ltd as trustee for the Prestige Toyota Unit Trust and Eastpoint Pty Ltd).Our Toyota dealers and other OneToyota organisations collect and share with each other customer and guest information, including data collected from Connected Services, to provide you an integratedOneToyota guest experience, such as allowing you to be known across the network regardless of which OneToyota organisation you deal with and to provide you with products, services, information and assistance, respond to your enquiries and help keep your information up to date. Your information may be disclosed to OneToyota network service providers in Australia and overseas for these purposes.For more information about how Toyota Motor Corporation Australia Limited and Toyota Finance Australia Limited handle your information, please see their combined Privacy Policy at www.toyota.com.au/privacy. The privacy policies of Toyota Insurance and Toyota Western Australia are each also available at that address.
OneToyota organisations may send you marketing to inform you about products or services, special offers, promotions and events that may be of interest to you. These marketing communications may include joint promotions with promotion partners and may be sent to you using any contact details provided by you, such as post, phone, email or SMS.Please note that each of the OneToyota organisations are separate organisations. If you do not wish to receive marketing from one organisation, you can let that organisation know at any time using the contact details in their privacy policy (available on their website or toyota.com.au/privacy) or using the “unsubscribe” or other opt-out function offered by the organisation.Your consent to receive marketing from a OneToyota organisation will be deemed to be ongoing if you do not opt out when you are offered the opportunity to do so, or unless and until you advise the relevant organisation otherwise.