SOUTHERN CROSS OIL PTY LTD
ACN 151 437 544
1 Your rights in relation to privacy
Southern Cross Oil ACN 151 437 544, trading as Southern Cross Lubes (SCL), understands the importance of protecting the privacy of an individual’s personal information. This statement sets out how SCL aims to protect the privacy of your personal information, your rights in relation to your personal information managed by SCL and the way SCL collects, holds, uses and discloses your personal information.
In handling your personal information, SCL will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act. To the extent SCL handles your credit information, SCL will also comply with the Credit Reporting Code. This policy statement may be updated from time to time.
2 What kinds of personal information does SCL collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its services, SCL may collect your personal information.
Generally, the kinds of personal information SCL collects are:
¨ contact and identification information such as your name, address, telephone number, email address, date of birth and drivers licence number;
¨ banking details and/or credit card details where necessary to facilitate direct debit payments;
¨ credit information (where relevant to SCL’s assessment of an application for a commercial trading account with SCL including where you have applied to guarantee any payments under such commercial trading account), being credit related personal information lawfully created and accessible within the Australian credit reporting system including:
- identification information;
- consumer credit liability information which includes information about your credit providers and credit accounts, including the dates on which the accounts are opened and closed, their limits, and their terms and conditions (or any changes to their terms and conditions);
- whether you have or have not met any monthly repayment obligations;
- whether you have defaulted on a payment (ie. a payment that is at least 60 days overdue and over $150 in value) provided SCL has notified you in accordance with the Privacy Act;
- whether you have paid any amount previously reported as being in default;
- that another credit provider has sought credit-related personal information about you from a credit reporting body;
- information about the types of consumer or commercial credit, and the amounts of credit, you have sought from a credit provider;
- information about court proceedings related to credit provided to you or for which you have applied;
- personal insolvency information and other publicly available information relating to your credit worthiness;
- a credit provider’s reasonable belief that you have committed a serious credit infringement; and
- any other information lawfully obtainable within the Australian credit reporting system; and
¨ credit eligibility information which is credit-related information about you that SCL obtains from a credit reporting body such as VEDA Advantage Information Services Solutions Limited (Veda Advantage) (the details of which are set out in paragraph 5), together with information SCL derives from such information based on its own analysis including internally generated scores, ratings and other assessments used to evaluate your credit worthiness. SCL generally receives from Veda Advantage credit related personal information including but not limited to, the information set out above.
In some circumstances SCL may also hold other personal information provided by you.
3 How does SCL collect personal information?
Generally, SCL collects your personal information directly from you, through the completionof a manual or online form, such as a commercial trading account with SCL, direct debit banking form, or vendor creation form, an interaction or exchange in person or by way of telephone, facsimile, email, post or through the use of the SCL website. There may be occasions when SCL collects your personal information from other sources such as from:
¨ your employer, where necessary for SCL to provide its products and/or services to your employer through you;
¨ the completion of an application form by another person or entity that lists you as a director, guarantor or trade reference;
¨ Veda Advantageor other credit reporting body;
¨ other credit providers or bankers;
¨ an information services provider;
¨ a publicly maintained record or other publicly available sources of information including social media and similar websites;
¨ SCL’s own records about you, from which SCL may internally generate its own scores, assessments or deductions, particularly in relation to your credit worthiness; or
¨ if for recruitment purposes, an external recruitment or background screening services provider.
Generally, SCL will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.
4 Why does SCL need your personal information?
SCL collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:
¨ distributing Mobil lubricants and specialty products throughout Victoria, Tasmania, South Australia and Southern New South Wales;
¨ providing customers with equipment leased for trade services through third party providers;
¨ assessing an application for and if successful, administering, a commercial trading account with SCL;
¨ providing quotes and proposals;
¨ accounting, billing and other internal administrative purposes;
¨ identifying and informing you of products and services that may be of interest to you from SCL or selected third parties;
¨ assessing your application for employment with SCL or otherwise for the purpose of engaging you as a contractor or consultant; and
¨ any other legal requirements, including to lodge security interests on the Personal Property Security Register in accordance with the Personal Property Securities Act 2009 (Cth).
SCL may also use your personal information for purposes related to the above purposes and for which you would reasonably expect SCL to do so in the circumstances, or where you have consented or the use is otherwise in accordance with law.
Where personal information is used or disclosed, SCL takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to SCL. However, without certain information from you, SCL may not be able to provide its products and/or services to you.
5 To whom does SCL disclose your personal information?
SCL discloses your personal information for the purpose for which SCL collects it. That is, generally, SCL will only disclose your personal information for a purpose set out at paragraph 4. This may include disclosing your personal information to:
¨ third parties engaged to perform administrative or other services, including stationery printers and mailing houses;
¨ people or entities considering acquiring an interest in SCL’s enterprise or assets;
¨ SCL’s professional advisors, contractors, consultants, bankers and related bodies corporate;
¨ insurance providers; and
¨ regulatory bodies.
SCL may also disclose your personal information, including your credit information, to other credit providers and the credit reporting body, Veda Advantage (contactable on the details set out below). In particular, SCL may disclose to Veda Advantageinformation about you failing to meet your payment obligations or if you commit a serious credit infringement. Veda Advantage may include any information provided by SCL in reports provided to other credit providers for the purpose of such credit providers assessing your credit worthiness.
Such disclosures are always on a confidential basis or otherwise in accordance with law. SCL may also disclose your personal information with your consent or if disclosure is required or authorised by law.
Veda Advantage can be contacted by writing to:
Veda Public Access
PO Box 964
NORTH SYDNEY NSW 2059
or by ordering an online copy of credit reporting information Veda Advantage holds about you through www.veda.com.au/understanding-your-credit-file.
Veda Advantage’s policy on its management of credit related personal information can be accessed through its website at: http://www.veda.com.au/
6 Overseas disclosure
SCL is not likely to disclose any personal information, including credit related personal information, to overseas recipients, but may disclose or otherwise provide access to, personal information to its New Zealand‑based IT service provider where necessary. However, where it is necessary to make any overseas disclosures in order to provide its products and/or services (e.g. for administrative or other business management purposes), SCL will take steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law. If you have any queries or objections to such disclosures, please contact SCL’s Privacy Compliance Officer on the details set out in paragraph 10.
7 Direct marketing
SCL may use and disclose your personal information in order to inform you of products and services that may be of interest to you. In the event you do not wish to receive such communications, you can opt-out by contacting SCL via the contact details set out in paragraph 10 or through any opt-out mechanism contained in a marketing communication to you.
SCL will not use or disclose credit-related personal information for direct marketing purposes except to the extent permitted under the Privacy Act, for the purpose of Veda Advantageassessing your eligibility to receive direct marketing communications sent on behalf of SCL. You may make a request directly to Veda Advantage not to use your credit-related personal information for these purposes.
8 Security of your personal information
SCL takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. SCL holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff. Credit eligibility information, such as information SCL receives from Veda Advantagefor the purpose of assessing credit worthiness, is stored through equally secure methods.
SCL will destroy or de-identify personal information in circumstances where it is no longer required, unless SCL 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 Veda Advantage not to use or disclose credit related personal information it holds about you by contacting Veda Advantageon the details set out in paragraph 5.
9 Can you access and correct the personal information that SCL holds about you?
SCL takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by SCL. If at any time you would like to access or correct the personal information that SCL holds about you, or you would like more information on SCL's approach to privacy, please contact SCL via the contact details set out in paragraph 10 below. SCL 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.
Where necessary to resolve a request for correction of your credit related personal information, SCL may also consult with other relevant entities, including but not limited to Veda Advantage. SCL’s use or disclosure of your credit related personal information to other entities for correction purposes is permitted by the Privacy Act.
To obtain access to your personal information:
¨ you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
¨ SCL requests that you be reasonably specific about the information you require; and
¨ SCL may charge you a reasonable administration fee, which reflects the cost to SCL, for providing access in accordance with your request.
Alternatively, if you would like to access personal information held about you by Veda Advantage, please contact Veda Advantage on the contact details set out in paragraph 5.
SCL will endeavour to respond to your request to access or correct your personal information within 30 days from your request. If SCL refuses your request to access or correct your personal information, SCL will provide you with written reasons for the refusal and details of complaint mechanisms. SCL will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of SCL.
If you are dissatisfied with SCL’s refusal to grant access to, or correct, your credit related personal information, you may make a complaint to the Office of the Australian Information Commissioner.
10 How to contact us
For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications, please contact SCL's Privacy Compliance Officer at firstname.lastname@example.org
11 Privacy complaints
Please direct all privacy complaints to SCL’s Privacy Compliance Officer. At all times, privacy complaints:
¨ will be treated seriously;
¨ will be dealt with promptly;
¨ will be dealt with in a confidential manner; and
¨ will not affect your existing obligations or affect the commercial arrangements between you and SCL.
Specifically, if your complaint relates to credit related personal information and/or SCL’s failure to comply with its obligations regarding credit related personal information under the Privacy Act and/or the Credit Reporting Code:
¨ SCL will acknowledge your complaint within 7 days of receipt and endeavour to resolve it within 30 days, unless SCL informs you otherwise and seeks your agreement in writing;
¨ SCL may consult with relevant third parties, such asVeda Advantageor other credit provider, in order to sufficiently and expeditiously resolve the complaint; and
¨ if your complaint relates to SCL’s refusal to provide access to, or correct, your credit related personal information, you may complain directly to the Office of the Australian Information Commissioner.
SCL’s Privacy Compliance Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, or an extension to the time in which SCL will resolve it, you may refer the complaint to the Office of the Australian Information Commissioner.