PRIVACY POLICY

Privacy Policy

PACIFIC BOATING GROUP PRIVACY POLICY

1. INTRODUCTION

(i) The information in this document is the Pacific Boating Group privacy and credit reporting policy. We refer to it as “Privacy Policy” or “this Policy”.

(ii) It sets out in detail how we manage the “personal information” and/or “credit information” of or about our customers, and other individuals we deal with in the course of our business activities.

(iii) We adopted the terms “personal information” and “credit information” as they are defined in the Privacy Act 1988 (Cth).

(iv) Amongst other things, our Privacy Policy contains information on:

(a) Who we are and what we do;

(b) Why we may collect personal and/or credit information;

(c) When we may collect personal and/or credit information;

(d) Types of personal and/or credit information we may collect;

(e) How we may collect personal and/or credit information;

(f) What we may use personal and/or credit information to;

(g) How we protect personal and/or credit information we hold;

(h) How you may request access to and/or correction of personal and/or credit information we hold about you;

(i) What you may do if you have a complaint about how we have handled your personal and/or credit information; and

(v) Any changes we make to this Policy will become effective immediately after we have published them and we will apply them to how we will manage the personal and/or credit information of our customers in the future.

(vi) We reserve the right to make changes to this Privacy Policy as often as necessary without notice to ensure it remains relevant and effective in achieving its objectives and goals.

 

2. WHY WE COLLECT PERSONAL AND/OR CREDIT INFORMATION

(i) In general, we will only collect personal and/or credit information that is reasonably necessary for us to achieve any or a combination of the following primary purposes and secondary purposes (see below).

(ii) The primary purposes are to collect, hold, use and disclose personal and/or credit information for any the following, that is, to:

(a) Assess and/or process your application for any of our products or services and advise you about its outcome;

(b) Assess and/or process your application for to be engaged as an independent contractor for, or an external services provider to, us and advise you about its outcome;

(c) Comply with your instructions from time to time if you are successful in any application mentioned above, including sending you notices and updating your details;

(d) Establish and manage any account we establish if you are successful in any application mentioned above;

(e) Assist you to pay any amount due, payable or unpaid in relation to the product or service we have agreed to provide you;

(f) Collect any amount due or unpaid in relation to the product or service we have agreed to provide you;

(g) Pay or receive any amount due or payable in relation to any contract for services we have with you and give you notices in connection with the contract for services; and

(h) Comply with our legal or regulatory obligations. or a court or tribunal order.

(iii) The secondary purposes are to collect, hold, use and disclose your personal and/or credit information for any or a combination of the following namely to

(a) Tell you about our or our related bodies corporate’s products or services unless you tell us to stop;

(b) Train our staff;

(c) Conduct customer surveys unless you tell us to stop;

(d) Undertake other direct marketing unless you tell us to stop;

(e) Undertake market and product research unless you tell us to stop;

(f) Develop new products and services;

(g) Design, implement, maintain, review, or test our business and information technology systems, processes, infrastructure or platforms;

(h) Instruct our legal advisers, accountants, auditors, insurers or other external service providers;

(i) Make reports to senior management in Australia; and

(j) Manage our risk exposures.

 

3. WHOSE PERSONAL AND/OR CREDIT INFORMATION DO WE COLLECT?

(i) We may collect your personal and/or credit information if you are an individual , company or entity who:

(a) Has applied for, or we have agreed to provide, any of our products or services; Is a guarantor of the individual mentioned in (a) above;

(b) Is a professional services provider (such as lawyer, accountant, financial counsellor) to, or is related to, next of kin, referee, witness or personal or legal representative of, the individual mentioned above;

(c) Is an agent, director or authorised officer or employee of a body corporate including a business, organisation or agency, that has applied for, or we have agreed to provide, any of our products or services to;

(d) Has applied for to be engaged, or we have agreed to engage, to provide external services to us or to provide such services to;

(e) Is a referee or professional services provider of the persons mentioned above; or

(f) Is a visitor to any of places of business.

 

4. WHEN WE COLLECT PERSONAL AND/OR CREDIT INFORMATION

(i) We may collect personal information and/or credit information from you in the following circumstances:

(a) When the person mentioned above has applied for any of our products or services or during the course of that person holding a product or service we have agreed to provide them;

(b) When managing any account we have established in relation to a product or service we have agreed to provide including collecting or attempting to collect any amounts due or payable in relation to any such product or service;

(c) When managing any account we have established in relation to a product or service we have agreed to provide above including collecting or attempting to collect any amounts due or payable in relation to any such product or service;

(d) When any person, business, organisation or agency who is acting on your behalf (such as your accountant, lawyer, financial counsellor, power of attorney, other legal representative) or who you have entered into a contract with or proposing to enter a contract with (such as an insurer) provides your personal and/or credit information to us in relation to a product or service we have agreed or we are proposing to provide you;

(e) When you apply for or we have agreed to enter into a contract for services with you;

(f) When a business, organisation or agency you are acting for or you are a director, officer or employee of, has applied for a contract for services with us or we have agreed to engage that business, organisation or agency under a contract for services;

(g) When establishing or managing any account in relation to the contract for services mentioned above;

(h) When we are required by or under an Australian law, court or tribunal order or by a regulatory body to collect your personal and/or credit information;

(i) When you visit any of our places of business; and

(j) When we are conducting a product or market research or a customer survey.

(ii) In addition to the circumstances mention above, we may collect credit information from a Credit Reporting Body (“CRB”) (as defined in the Privacy Act 1988) when we are assessing a credit application you have made to us or you have made on behalf of a business, organisation or agency.

(iii) We may collect and use credit information in our own records including information on your payments, repayments or default.

(iv) We may obtain credit information from other Credit Providers with whom you have or had a credit account.

(v) We may collect your credit information from publically available sources including personal insolvency information entered or recorded in the National Personal Insolvency Index (as defined in the Bankruptcy Act).

 

5. HOW WE COLLECT PERSONAL AND/OR CREDIT INFORMATION

(i) Except in a limited number of cases, we will collect personal and/or credit information directly from you and with your consent. We will take all reasonable steps possible to comply with our legal obligations as concerns personal and/or credit information, including all relevant Codes of Conduct.

 

6. CREDIT INFORMATION – IMPORTANT THINGS YOU SHOULD KNOW

(i) If the information we are collecting includes credit information you should be aware of the following.

(ii) We are likely to disclose your information to Veda Advantage Ltd (a CRB as defined in the Privacy Act 1988) whose contact details can be accessed from www.veda.com.au ;

(iii) Veda Advantage Ltd may include the information we disclose to them in reports provided to other credit providers to assess your “credit worthiness” (as defined in the Privacy Act 1988);

(iv) If you fail to meet your payment obligations in relation to a consumer credit contract you enter with us, or you commit “Serious Credit Infringement” (as defined in the Privacy Act 1988), we are entitled to disclose this to the Veda Advantage;

(v) You can contact Veda Advantage through www.veda.com.au to:

(a) Obtain their credit information management policy;

(b) Request them not to use your credit reporting information for the purposes of pre-screening of direct marketing by a credit provider; and

(c) Request them not to use or disclose your credit reporting information, if you believe on reasonable grounds that you have been, or you are likely to be, a victim of fraud; and

(vi) You can also contact us in relation to your credit information in the circumstances prescribed by law.

 

7. HOW WE MAY COLLECT INFORMATION

(i) If reasonable and practicable, we will collect personal and/or credit information directly from you- Using a paper application form; Using an online application form; During a face-to-face meeting or teleconference; Over the telephone or mobile phone; Over the Internet including on our website; and/or By facsimile.

(ii) In some cases, we may authorise another person, to collect your personal and/or credit information on our behalf.

(iii) With will act reasonably to collect your personal and/or credit information from another person, and usually with your express or implied consent.

(iv) We may collect personal (other than sensitive) information from someone else if it is unreasonable or impracticable to collect the information from you.

(v) In some cases we may collect your personal information from a body corporate that is related to us if the primary purpose for which that body corporate collected your information in the first place was or is related to the primary purpose for which we would collect your information.

(vi) If we receive your personal and/or credit information and we determine that we are entitled to collect the unsolicited personal and/or credit information and you are an existing customer of ours or you are a guarantor or a person acting on behalf of an existing customer of ours, we will advise you about the information and seek your consent to manage the information in accordance with the requirements of this Privacy Policy, unless we have obtained your consent on a previous occasion.

 

8. QUALITY OF INFORMATION WE COLLECT

(i) We will take all reasonable steps in the circumstances to ensure that personal and/or credit information we collect from or about you is accurate, complete and up-to-date.

(ii) In some cases, we may ask you for an independent and reliable document or use an electronic data source to verify that the personal and credit information you have given us is accurate, complete and up-to-date.

(iii) If we identify any minor discrepancy between information you provided us and information in an independent and reliable document or electronic data source, we may give you an opportunity to correct or reconcile the discrepancy before using the information for the purposes for which we have collected it.

(iv) We may terminate a product or service we have agreed to provide you, or your business or contracting relationship with us if we find that personal and/or credit information we relied on to offer you the product, service, business or contracting opportunity was not accurate, complete or up-to-date at the time we collected or used it.

 

9. SECURITY OF PERSONAL AND/OR CREDIT INFORMATION

(i) We will take all reasonable steps in the circumstances to protect your personal and credit information we hold from unauthorised access, misuse, interference, loss, disclosure or modification;

(ii) In general, we will take all reasonable steps in the circumstances to destroy personal and/or credit information or any document or record containing personal and/or credit information if we no longer need the information or we are not required by or under an Australian law to keep the information or the document or record;

(iii) If it is not practicable to destroy the information or the document or record containing the personal and/or credit information, we will attempt to put the document “beyond use” (as defined in the Credit Reporting Code);

(iv) In some circumstances, we will take all reasonable steps in the circumstances to “deidentify” personal and/or credit information instead of destroying it including circumstances we are required by or under an Australian law to keep the information or the document or record.

 

10. REQUESTING ACCESS TO YOUR PERSONAL AND/OR CREDIT

INFORMATION

(i) You can request access to your personal and/or credit information by contacting us;

(ii) In whatever manner and whenever you contact us, we will verify your identity or that of any person you have authorised to be given access to your personal and/or credit information before we agree to give access;

(iii) We reserve the right to change our identity verification requirements from time to time without notice;

(iv) We will endeavour to respond to your request for access to personal and/or credit information within a reasonable period of time after the date we have verified your identity;

(v) If for any reason we cannot or we refuse to provide you access to your personal information within the above timeframe, we will give you a written notice which sets out the reason for the refusal and/or the reasons we are unable to provide access within the above timeframe;

(vi) If necessary, we may request you to agree to an extension of time to give access;

(vii) Also, in any of the circumstances, we will advise you of the mechanisms available to you to make a complaint about our refusal to give access or our failure to give access within a reasonable time;

(viii) For a request to access your credit information, we will endeavour to provide access to you within 30 days of receiving request, unless unusual circumstances apply. In those circumstances, we will notify you with our reasons (if reasonable for us to do so) and advise you of your right to refer our refusal or failure to provide access within the timeframe to the Credit Ombudsman Services Limited (see Referral to our EDR below) and/or to the Privacy Commissioner (see Referral to Privacy Commissioner below);

(ix) Your request for access may specify the form or manner you wish your information to be provided to you including whether you wish the information to be given to you over the telephone or in writing and by regular post, email or facsimile;

(x) If reasonable or practicable, we will give you access in the form or manner you have specified;

(xi) If it is not reasonable or practicable to give you access in the form or manner you have requested, we will take steps that we consider are reasonable in the circumstances to give access in a way that meets both your and our needs, including, giving access through a mutually agreed intermediary;

(xii) We may charge a fee for retrieving and preparing the information if we are permitted by law to do so. We may ask you to pay any charge or fee before we can progress your request.

(xiii) We may refuse you access to your personal and/or credit information if in accordance with law, we are permitted to do so.

 

11. REQUESTING CORRECTION OF YOUR INFORMATION

(i) If we are satisfied on reasonable grounds that the personal and/or credit information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take appropriate steps to correct the information;

(ii) If we correct your personal and/or credit information, we will take appropriate steps to notify any other person, organisation, or if the information corrected is credit information any “affected information recipient” (as defined in the Privacy Act 1988) or “credit reporting body” (as defined in the Privacy Act 1988), to which we had provided the pre-corrected information, that your information has been corrected;

(iii) You can request us to take any step that is reasonable, practicable or lawful in the circumstances to correct the personal and/or credit information we hold about you to ensure it is accurate, up to date, complete, relevant and not misleading;

(iv) Also, you may request us to take reasonable, practicable or lawful steps to notify any other organisation to which we had provided your personal and/or credit information on a previous occasion, that your information has been corrected.;

(v) You can also request us to correct credit information about you;

(vi) We will not charge any fees to you for making a request to us to correct your information if it the request is legitimate. Otherwise we may charge a fee if permitted to do so by law;

(vii) If we refuse to correct your personal and/or credit information, we will give you a written notice that sets out:

(a) The reasons for the refusal except to the extent that it would be unreasonable to do so; and

(b) Your rights to complain about our decision including referring it to an external dispute resolution scheme of which we are a member or referring it to the Privacy Commissioner; and

(c) Any other matter prescribed by regulations introduced under the Privacy Act to be mentioned in the written notice.

(viii) If we refuse to correct your personal and/or credit information, you may request us to associate a statement with the personal and/or credit information that it is inaccurate, out of date, incomplete, irrelevant or misleading.

(ix) Within a reasonable period of time after receiving your request, we will take any step that is reasonable, practicable and lawful in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information. We will not charge any fee for your request unless in accordance with law, we are entitled to do so, in which case we will charge such a fee.

 

12. CONTACTING US

(i) Amongst other things, you may contact us if you:

(a) Do not wish your personal and credit information to be collected, used and/or disclosed in accordance with this Privacy Policy;

(b) Have any concern about our Privacy Policy generally;

(c) Want us to provide our Privacy Policy to you in hard copy or in some other form;

(d) Want to understand why we collected your personal and/or credit information;

(e) Wish to request access to your personal and/or credit information;

(f) Wish to request us to correct your personal and/or credit information;

(g) Wish to ask us to associate a statement with your personal and/or credit information following our refusal to correct such information;

(h) Wish to make any a complaint;

(i) Wish to ask us to stop sending you marketing or promotional material; and

(j) If you do not want to participate in a customer survey we have invited you to participate in.

 

13. REQUEST & COMPLAINT PROCESS

(i) We will take reasonable steps to investigate the subject matter of your request or complaint;

(ii) Such steps may include liaising with our external representatives who are familiar with the subject matter of the request;

(iii) If the request or complaint concerns credit information, we may consult with other external organisations or agencies in particular credit reporting bodies, other credit providers and “affected information recipients" (as defined in the Privacy Act 1988). Whether such consultation is necessary will depend upon whether we provided your information to those external organisations or agencies or whether we obtained your information from them.

(iv) Also, in some cases we may seek advice from our own legal or other professional advisors in relation to your request or complaint.

(v) We will give you reasonable opportunity to present your case.

(vi) Any information we discover during the investigation stage will be analysed and evaluated before a decision is reached on the merits of your request or complaint.

(vii) You will be advised about our decision within the timeframes specified in this Policy if applicable to your request or complaint or within the timeframe specified in the Privacy Act or Credit Reporting Code.

(viii) If our decision is in writing, it will contain the reasons for the decision and information on your right to refer our decision to an external dispute resolution (“EDR”) scheme or to the Privacy Commissioner if you are not happy with the decision;

(ix) If you are not happy with our response to your request or complaint, you may refer it to the external dispute resolution (EDR”) scheme of which we are a member at the time you made your request or complaint. Currently, we are a member of the Credit Ombudsman Service Limited whose contact details are located on their Website: www.cosl.com.au;

(x) You may also refer our decision to the Privacy Commissioner if you are not satisfied with it.

 

14. USING ANONYMOUS INFORMATION

Pacific Boating Group automatically gathers anonymous information, such as the numbers and frequency of visitors to the site and each page, to monitor how our website is used. We only use this data in the aggregate to help us work out what information is useful to you it.We may also share this aggregate data to companies that help us in our marketing.

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