FORMULA MOTOR GROUP

Privacy Policy and Consent 

In this document “we”, “us” and “our” refers to the entity who collects or on whose behalf your Personal Information is collected, being Collinswood Investments Pty. Ltd. (ABN 41 316 218 323), Formula Vehicles Pty. Ltd. (ABN 48 302 047 550) trading as Formula MG, Formula Honda, Agostino Mitsubishi and Chery Glen Osmond. The Privacy Act 1988 (Cth) (“Act”) regulates the way in which we may collect, hold, use and disclose Personal Information about you.

Your privacy rights are important to us.  The purpose of this document is to notify you of various privacy matters including the types of Personal Information we collect and how we hold, use and disclose that Personal Information.

This document also contains important consents that you give to us.

Terms Used in this Document 

In this document:

“APPs” means the “Australian Privacy Principles” in the Act.

“Credit Reporting Body” means an organisation whose business involves handling personal information in order to provide us with information about the credit worthiness of an individual.

“DMS” means Dealer Management System and refers to Auto-IT and its representatives, divisions and partners.

“Finance Company” means Angle Finance, Taurus Motor Finance or Nissan Financial Services (t/a Skyline Car Finance)

“Insurance Company” means Allianz Insurance

“Manufacturer” means Honda Australia, Mitsubishi Australia and/or Chery Motor Australia, where relevant to your vehicle.

“Personal Information” has the meaning given to that term in the Act and includes sensitive information as defined in the Act.

“Related Bodies Corporate” has the meaning given to that term in the Corporations Act 2001 (Cth) and the aforementioned trading entities and related businesses.

“you” or “your” includes a reference to you in your capacity as a customer, potential customer, business partner or enquirer.

Collection and storage of Personal Information 

The types of Personal Information we may collect and handle are contingent on the nature of the business in which you have with us and may include identity and contact details (such as names and contact information). Collection of data is gathered through past, present and future business dealings and interactions (both written and verbal) with you through our representatives. Personal information is collected for purposes including:

• maintaining and enhancing our service to you,
• complying with state and federal laws,
• allowing vehicle registration,
• a condition of an applicable franchise agreement, and
• permitting the maintenance, warranty and recall of your vehicle.

Examples of the type of information we collect includes, but is not limited to:

• Name, addresses, phone numbers, email and drivers license details (including copy) for the
  purpose of insuring loan and test drive vehicles provided to you.
• Name, address, phone numbers, email, drivers license details for the purpose of preparing your vehicle including the service of registration, stamp duty, manufacturer reporting requirements and vehicle specification information.
• Your financial circumstances and credit history details and other credit-related information (such as products and transactions you may have with us or other credit providers) and, in some circumstances, sensitive information (in particular health information) where it is necessary for us to provide a credit product or a service.
• If we provide credit terms to you, we will collect and store information related to your business, including trade references, financial statements, guarantees and identification.
• Your insurance related information such as driving history, age, address, vehicle use, occupation, work history, and personal information.

Generally, we collect your Personal Information directly from you. However, in some circumstances we may collect Personal Information about you through or from other third parties.  For example, these can include manufacturer leads, internet based leads providers and authorised brokers.

Purpose of Collection and Use 

We collect, hold, use and disclose only that Personal Information about you which is reasonably necessary for the purposes of your dealings with us or the conduct of our business (including as authorised or required by applicable laws).  These purposes may include:

• to verify your identity (including when we are required by law to do so);
• to comply with laws that may require or authorise us to obtain information about you, such as the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and other anti-money laundering legislation (for example, for identity verification), the National Consumer Credit Protection Act 2009 (Cth), the Personal Property Securities Act 2009 (Cth) (for example, if relevant, for search and registration purposes) and other regulatory legislation (for example, requiring us to maintain client and transaction records and to make reports and provide other information to regulators) and the Taxation Administration Act 1953 (Cth), the Income Tax Assessment Act 1936, and the Income Tax Assessment Act 1997 (Cth) and other taxation laws (for example, to comply with information requests issued by the Commissioner of Taxation);
• to the extent required or permitted by any applicable domestic or foreign law, rule or regulation regarding reporting and/or retention of information or to the extent required by any order or directive regarding reporting and/or retention of information issued by any domestic or foreign authority or body or agency in accordance with which we are required or accustomed to act;and
• to facilitate our internal business operations, including fulfilment of confidential systems maintenance and testing.

If you do not provide us with the Personal Information requested, we may be unable to serve you in a manner in which is efficient, economic and convenient for you. In some circumstance, if you do not provide us with certain personal information we will not be able to serve you as a condition of various third parties and government bodies and laws.

Disclosure of Personal Information 

The types of persons to whom we usually disclose Personal Information for the purposes described in this document include:

• our Related Bodies Corporate;
• credit and security reporting bodies as authorised under the law;
• government departments, agencies, regulators and authorities;
• insurers and underwriters;
• agents and contractors;
• any party acquiring (or considering acquiring) any interest in any business of which we control.
• other third parties associated with us; including manufacturers and suppliers.
• our external service providers, for example, mailing houses, debt collection agencies, mercantile agents, archive companies, valuers, call centre operators;
• solicitors, financial advisors and accountants;
• credit providers, finance companies or insurance companies;
• introducers, fleet companies and brokers;
• suppliers of goods to be or which may be financed and other persons who have an interest in any property offered to us as security;

Some customers may choose to communicate with us via social media, if initiated by a customer we will reciprocate communication via this medium. In some circumstances we may publish information relating to our customers via social media relating to competitions, marketing campaigns or sales, only if given specific consent by our customers.

Storage of Personal Information 

The primary storage of your personal information will be stored in our DMS, which is supplied by a third party. The system is purpose built to serve dealerships like ours, and has security, encryption and password protection. Systems are installed to allow backup and tech support services and can be accessed by the supplier. Agreements and conditions are in place to ensure that our and your information is not abused or accessed inappropriately. Contracts, invoices, repair orders are stored physically within our premises and may be backed up electronically.

Emails 

All emails sent from and to us are backed up in a server for a minimum of 7 years. Email marketing campaigns may use reputable third party providers to enable professional and efficient use of email marketing. All email marketing from us must give the recipient an opportunity to unsubscribe from future marketing campaigns from us.

Some of the recipients to whom we disclose your Personal Information may have operations based overseas. It is not practicable to list every country in which such recipients may be located but details of the countries where the overseas recipients are likely to be located can be provided upon request.

You consent to us collecting your Personal Information and using it for the purposes outlined in this document including disclosing your Personal Information to the types of organisations and recipients set out above.

Authority to Obtain Information

You authorise us to obtain from a Credit Reporting Body information about you in relation to consumer or commercial credit provided to you (or another person, where applicable).

You have a right to:

• access the credit information we hold about you,
• request that we correct your credit information, and
• make a complaint to us (please see below for more details about access, correction and complaints).

Authority to Disclose Personal Information to Joint Owners   

You understand that if in the business dealings with a joint owner of a vehicle, we will disclose information relating to you and your vehicle.

Authority to Disclose Information to Third Parties 

You consent to us providing information about you to any Third party either outlined in this policy or other authorised representatives.

Privacy & Cookie Policy 

This website and others in the Formula Motor Group uses Cookies or tags for a range of reasons including; website analytics, website improvement, marketing targeting and website efficiency. This allows us to give our customers a better, more efficient and customised experience.

What are Cookies?
Cookies are small, basic data files of encrypted text that identify a user’s device and browser. This identifier is sent back to servers each time a browser requests a page. These Cookies do not identify you personally, however they may be used to be linked by us or third party apps that may have your personal details.

Cookies can be used to track users across different websites or returning website users. Our websites use third party cookies, which help us with statistical analysis, customised marketing and omnichannel marketing. The third party providers with cookies on our site include:

• Facebook pixel
• Google Analytics
• Heap analytics
• AutopilotHQ
• I-Motor
• Dealer Solutions

What programs we use in our online experience?
To enable us to provide a more seamless experience between online, our dealership and our email communication we use a range of programs and services. A list of these are found below (not all of these services use Cookies on our behalf).

Each one of the above programs and websites has their own privacy statement.

Deleting Cookies
Cookies stored on your browser can be deleted by the user, by following the instructions from your browser provider. The ability to delete Cookies is generally found in a device’s settings. Look for instructions such as “clear browsing history” or “remove cookies”.

We endeavour to make our Privacy Policy as clear as possible. By continuing to use our websites, you agree to the use of Cookies.

Access to and Correction of Personal Information: 

If you would like to know more about:

• the Personal Information which we hold about you; or
• our Personal Information handling practices; or
• gaining access to the Personal Information which we hold about you; or
• our handling of Personal Information about you; or
• learn more about the DMS and document storage of your information; or
• would like to update your information; or
• opt-out of marketing or contact

please contact the relevant dealership in which you have primary dealings :

FORMULA HONDA MODBURY – 08 8265 9555

FORMULA HONDA GLEN OSMOND – 08 8229 2355

CHERY GLEN OSMOND – 08 7093 9700

AGOSTINO MITSUBISHI – Nailsworth – 08 8349 3600

AGOSTINO MITSUBISHI – Elizabeth – 08 8255 6066

In many circumstances, representatives of the dealership will be able to help with any of the above. However, if you have any problems please ask to speak to the General Manager.

Complaints 

If you consider that we have not complied with our obligations under the Act (including those under Part IIIA of the Act, and/or the APPs) you may make a complaint to the Privacy Officer (who is the General Manager of each dealership) at the relevant dealership numbers listed above. We will endeavour to respond to the complaint within 30 days.

If you are not satisfied with our response you may have further rights to complain to either of the relevant consumer protection authorities or the Office of the Australian Information Commissioner (www.oaic.gov.au).

Marketing and Disclosure to Related Bodies Corporate and Business Partners 

We may use your Personal Information to identify and send you information about products and services (including third party products and services, webinars, special offers and promotions) that we think may be of interest to you.  You consent to us sending you marketing communications (including by phone, electronic message or any other delivery method) for this purpose.  You may ask us at any time to stop sending you marketing communications by contacting us at the relevant dealership numbers listed above and we will comply with your request within a reasonable period.

We may also share your Personal Information with our Related Bodies Corporate, business partners and manufacturers for their marketing purposes. You may ask us at any time to stop doing this by contacting us or the manufacturer (if applicable).

Anonymity and Pseudonymity 

It is generally not practicable for you to deal with us on an undisclosed basis or by using a pseudonym.  However, if it is ever practicable to do so you have an option to deal with us in either of these ways. We may not be able to provide services or goods to you if you do not identify yourself.