Privacy and Credit Information Policy
This is the Privacy and Credit Information Policy for Nissan Motor Co. (Australia) Pty Ltd, ABN 54 004 663 156 ("Nissan") and Nissan Financial Services Australia Pty Ltd ABN 70 130 046 794 Australian Credit Licence Number 391464 ("NFS") which is a wholly owned subsidiary of Nissan.
This Policy Covers
- What information about you do Nissan and NFS collect and hold?
- How do Nissan and NFS collect and hold your information?
- What do Nissan and NFS do with your information?
- Who will Nissan and NFS disclose your information to?
- How does NFS handle your credit information?
- About marketing and opting out
- Openness and accessing your information
- Questions and complaints
Introduction
Nissan and NFS respect and uphold your rights under the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) ("Privacy Act"). We are bound by the Privacy Act and its Australian Privacy Principles.
As a credit provider, NFS adheres by the credit reporting requirements of the Privacy Act. For information on this please refer to Section 5 – How does NFS handle your credit information?
This policy explains how Nissan and NFS handle your personal information.
What information about you do Nissan and NFS collect and hold?
Depending on your type of enquiry with us, Nissan and NFS may collect and hold personal information about you including:
- your contact information including name(s), address, email, telephone number(s), your date of birth and demographic information (such as postcode, age, gender);
- vehicle purchase and servicing details such as purchase date, purchase details, vehicle registration, name of selling dealer, service history and any vehicle repair, warranty and recall details;
- any information you provide to us, such as when you contact our Customer Service Centre, log in to our website, call our roadside assistance;
- from marketing campaigns, product surveys, research, when you access and use our social media platforms and any publicly available information;
- any other personal information which Nissan or NFS is required to collect for identification verification purposes;
- any details contained within identity documents provided to us, including but not limited to government identifiers (for example, a passport number, driver’s licence number, Medicare card number, etc.); and
- payment details including bank account and/or credit card details and other payment information related to your purchase of our products and services.
Please refer to section 5 for details of credit information that NFS may collect and hold
Unless otherwise allowed or required by law, we will only collect sensitive information about you with your consent. Sensitive information includes information about your religious beliefs, ethnic origin, race and health.
If personal information about another person is provided by you to us, please inform them of this policy so they know that you have provided us with their information and they understand how this information is used
We maintain records of privacy consents received from you and hold your personal information in secure electronic and physical files.
How do Nissan and NFS collect and hold your information?
Nissan and NFS will generally collect personal information about you directly from you and through Nissan Dealers to whom you have provided your information, for example:
- when you contact us by email, phone, in person, by SMS or other forms of communication including our website or our social media platforms; or
- when you take part in activities such as promotional events, competitions, customer surveys, sponsorships or other activities; or
- when you complete any order forms for a vehicle, parts or accessories, or book your vehicle for servicing; or
- when you make an application for credit or contact us about any of our products and services; or
- from other directly related companies, dealers and from our service providers (such as Roadside Assist).
Nissan and NFS may also collect personal information about you from third parties such as:
- your accountant or employer, when required, as part of your credit assessment;
- any personal referee provided by you as part of your credit assessment;
- any credit provider where you have had or have a credit facility for the purpose of your credit application;
- any credit reporting body from where we obtain your credit report;
- your insurer or broker;
- our agents;
- any government authorities;
- marketing agencies and similar lists which are legally acquired by us; and
- any other third parties you refer to us or who refer us to you.
What do Nissan and NFS do with your information?
We collect, hold, use and disclose your personal information for the purposes of:
- fulfilling our ongoing obligations (including warranty, recall, and roadside assistance) to you as the owner/driver of a vehicle we have imported and distributed;
- responding to any inquiries or comments that you submit to us;
- customer service requirements and product development purposes;
- to assess your application for credit or another product or service;
- deciding whether to offer you additional credit or to renew credit;
- developing, administering and managing our services and businesses;
- promotions and marketing including direct marketing;
- research to improve our websites, products or services;
- any other customer support purposes;
- dealing with complaints;
complying with laws. These laws include:- the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, which requires us to collect personal information about you when verifying your identity;
- the National Consumer Credit Protection Act 2009, which requires us to make inquiries about you when assessing an application for credit by you; and
- the Personal Property Securities Act 2009, under which we may need to collect personal information about you to record a security interest on the Personal Property Securities Register;
- any other purpose you have consented to;
- complying with our legal obligations, assisting government and enforcement bodies or regulators, or where otherwise required or authorised by law, or an order of a court or tribunal; or
- any use which is required or authorised by law.
Who will Nissan and NFS disclose your information to?
Nissan and NFS may disclose personal information about you:
- to each other or related companies, and to Nissan Foundation Australia Ltd;
- to any of our third party agents or contractors which include advisors, consultants we ordinarily engage for the above purposes (such as mailing houses, insurers, printers, information technology service providers, lawyers, accountants, debt collection agencies, and other service providers);
- to one or more of our dealers on condition that they use it for the same purposes as set out above and only in connection with the Nissan dealership franchise;
- any other person or entity to whom you have consented to Nissan and/or NFS disclosing your personal information;
- any disclosure which is required or authorised by law, including to AUSTRAC in respect of any suspicious or threshold transactions or activities; and
- if you have applied for credit from NFS:
- to a credit reporting body for the purpose of obtaining a credit report about you and/or to allow the credit reporting body to maintain a credit information file containing information about you;
- to a debt collection agency;
- to identity verification vendors including credit reporting bodies who use your government identifiers (for example your driver’s licence number or passport number), to authenticate your identity for us;
- your employer or former employer (for example, to conduct a reference check for finance applications);
- with your consent, to other credit providers for the purpose of assessing your application for credit; or
- with your consent, to guarantors or proposed guarantors if a credit arrangement is or will be guaranteed.
Your personal information may be provided to our parent company in Japan. Where your personal information is disclosed to an overseas recipient, we will only do so if we reasonably believe they are subject to laws that protect your personal information in the same or substantially the same way as the Australian Privacy Principles.
We will also take adequate measures to ensure that the personal information is handled by the overseas recipient in accordance with the Privacy Act and our instructions for the purposes described above.
Nissan and NFS will take reasonable steps to protect and keep secure the personal information we hold.
If personal information held by Nissan or NFS is subject to loss or unauthorised access or disclosure, we will investigate the matter and comply with our obligation under the Privacy Act to notify the breach to the Information Commissioner and affected individuals, when required by the Privacy Act.
How does NFS handle your credit information?
In this section, references to “we”, “us” or “our” refer to NFS only.
This section provides information about the management of your credit information. NFS participates in the credit reporting system as a credit provider. When you apply for credit with NFS, or offer to be a guarantor, we request a credit report about you from a credit reporting body. Credit reports contain information about your credit history that help us assess your credit application.
What credit information do we collect and hold?
If you apply for credit, we collect and hold information for the assessment of your credit. We collect information such as identification details, the type of credit you hold, the amount of credit provided to you, the terms of your credit, when credit was open or closed, whether you have meet your payment obligations of loans with us or other credit providers and other information required to assess your credit application. We will obtain a credit report from a credit reporting body. We also hold credit eligibility information (for example credit scores and assessments) that NFS derives from information that it obtains from a credit reporting body.
What do we do with credit information?
We collect, hold, use and disclose credit information about you for purposes which include:
- confirming your personal details;
- assessing your credit application as either a consumer, commercial or guarantor;
- account management and collection of any outstanding payments;
- complying with any relevant laws and regulations;
- for uses which are required or authorised by law; and
- otherwise in accordance with the consents and authorities you give in your credit application.
If you have not met your payment obligations under your loan contract or committed a serious credit infringement, this may be reported to a credit reporting body. This information may be included in your credit report and provided to other credit providers to assist with their assessment of your credit worthiness.
We may disclose your information to any of the following credit reporting bodies:
- Equifax – www.mycreditfile.com.au – 1300 762 207
- Experian – www.experian.com.au – 03 8622 1600
- Dun & Bradstreet – www.dnb.com.au – 13 23 33
You can view the privacy policies of the above credit reporting bodies on their websites or contact them directly by calling the numbers provided.
NFS will only disclose your credit information to outside persons as permitted by the Privacy Act. Your credit report information will only be disclosed to our Dealers and other third parties with your prior consent
Your rights
If you have or believe you are likely to be a victim of fraud, you can request the credit reporting body not disclose your credit report for 21 days. You can request an extension if you believe you may still be a victim of fraud. You can do this by contacting the credit reporting body.
Your also have the following rights under the Privacy Act in relation to credit information:
- You have the right to access credit information that we hold about you from us, to request us to correct the information, and to make a complaint to us. (See sections 7 and 8 below).
- You have the right to request a credit reporting body not to use their credit information about you for the purposes of pre-screening of direct marketing by a credit provider. You can do this by contacting the credit reporting body.
About marketing and opting out
Where we have obtained your consent to do so, or in circumstances where you would reasonably expect that your information would be used or disclosed for this purpose, we may contact you from time to time with marketing material about our other products or services, special offers, promotions and events that may be of interest to you, and those of our related entities. We may also share your personal information with our related entities, Nissan Foundation Australia Ltd and our dealer network, so that they can provide you directly with marketing material about their products and services. At any time, you may opt out of receiving this material by contacting us at:
Nissan Motor Co (Australia) Pty Ltd
Phone: 1800 035 035
Email: csc@nissan.com.au
Nissan Financial Services Australia Pty Ltd
Phone: 1800 035 035
Email: nfsa_csc@nissan.com.au
Openness and accessing your information
You may request access to personal information (including your credit information) we hold about you by contacting the Privacy Officerat the address below. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices (including direction to a credit reporting body) as to how access is provided (e.g., emailing or mailing it to you). A fee may be charged to cover the cost of retrieval.
If at any time you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request amendment of it and we will either amend the information or make a record of your comment, as we think appropriate.
Questions and complaints
If you have any questions about this Privacy and Credit Information Policy or believe that we have at any time failed to keep one of our commitments to you to handle your personal information in the manner required by the Privacy Act, then we ask that you contact us immediately using the following contact details:
Nissan Motor Co (Australia) Pty Ltd
The Privacy Officer
Customer Service & Warranty
Locked Bag 1450
DANDENONG SOUTH VIC 3164
Phone: 1800 035 035
Fax: (03) 9797 4400
Email: csc@nissan.com.au
Nissan Financial Services Australia Pty Ltd
The Privacy Officer
Nissan Financial Services Australia Pty Ltd
Locked Bag 1450
DANDENONG SOUTH VIC 3164
Phone: 1800 035 035
Email: nfsa_csc@nissan.com.au
We will respond and advise whether we agree with your complaint. If we do not agree, we will provide reasons. If we do agree, we will advise what (if any) action we consider appropriate to take in response.
If you are still not satisfied after having contacted us and given us a reasonable time to respond, then we suggest that you contact the Office of the Australian Information Commissioner by:
Phone: 1300 363 992 (local call cost, but calls from mobile and pay phones may incur higher charges). If calling from overseas (including Norfolk Island): +61 2 9284 9749
TTY: 1800 620 241 (this number is dedicated to the hearing impaired only, no voice calls.)
TIS: Translating and Interpreting Service: 131 450 (If you don’t speak English or English is your second language and you need assistance and ask for the Office of the Australian Information Commissioner).
Post: GPO Box 2999 Canberra ACT 2601
Fax: +61 2 9284 9666
Email: enquiries@oaic.gov.au
If your complaint relates to your finance with us you may access the Credit and Investments Ombudsman at www.cio.org.au or by calling 1800 138 422.
Nissan Website
In general you can visit the Nissan website without telling us who you are. The amount of information that you provide to Nissan will depend on the range and number of services that you choose to use. Particular sections of the Nissan website may require you to provide Nissan with personal information, such as your name and email address. We will only ask you to provide personal information that is necessary to provide a service to you or if it is necessary by law to collect the information.
Nissan uses advertising programs that place cookies on your computer to collect information about your browsing history (including on external websites). This information, which does not identify you personally, is collected in order to improve your online experience by customising the advertising you see to your interests (including the display of more relevant ads on external websites). By using the Nissan website you agree that the internet is not completely secure, and that accordingly we can only use our best endeavours to secure your personal information and cannot provide any definitive assurance regarding security of personal information. Other than liability that cannot lawfully be excluded, Nissan and NFS will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
Miscellaneous
In this policy "personal information" and “credit information” have the same meaning as under the Privacy Act.
This policy is effective from 15 March 2018. We may change this policy at any time by publishing the amended version on our website.