PRIVACY POLICY

Last updated: 11 September 2019

1. Our commitment to your privacy

The Porter Group (we or us) recognises that your privacy is important to you and we are committed to protecting your personal information.
This policy applies to personal information we handle about our customers, visitors to our website www.portergroup.com.au, users of services we may from time to time provide, and members of the public. It provides information about the personal information we collect and the ways in which we handle that personal information.

By accessing our website or using our services, you agree to be bound by the terms of this privacy policy.

This policy also includes our credit reporting policy, which covers how we manage your personal information collected in connection with a credit or finance application, such as details relating to your credit history, credit standing, credit capacity and credit worthiness, and any personal information that we subsequently collect in connection with your finance arrangements with us (credit information).

The “Porter Group” refers to the following companies, and any other company which from time to time may form part of the group:

(a) Porter Equipment Australia Pty Ltd ACN 150 961 934;
(b) Porter Property Group Pty Ltd ACN 117 394 564;
(c) Porter Hire Pty Ltd ACN 150 943 794;
(d) Porter Group Pty Ltd ACN 111 658 112;
(e) Eagle Equipment Australia Pty Ltd ACN 103 595 115;
(f) Construction Equipment Finance Pty Ltd ACN 139 800 392;
(g) Porter Finance Australia Pty Ltd ACN 163 633 056; and
(h) Hyundai Construction Australia Pty Ltd ACN 106 440 662.

This privacy policy applies to information collected by any of the companies within the Porter Group, and a reference to “we” or “us” in this policy refers to the relevant company which has collected the information.

2.The kinds of information we collect

The kinds of personal information we collect may include your name, date of birth, address, telephone number, e-mail address, employment related information including job title and work contact details, bank details and credit card details, organisational affiliations, financial information, property details, payment or billing details, historical and current account information. Ultimately, the kinds of personal information we collect will depend on the dealings you have with us.

We may also collect information about your interests and preferences, other demographic information such as your gender, age and location, and anonymous information such as your IP address, browser type, and other software or hardware information. Generally this information is not personal information as it cannot be used to identify you.

You can choose not to provide your personal information to us, but generally if you do not give your personal information to us, we may not be able to process your application, any guarantor’s application, or the company’s application, or we may be limited in the services we are able to offer you.

Furthermore, if you apply for credit or finance, we may collect credit information about you. We may ask you for this information or we may obtain this credit information from credit reporting bodies such as Equifax. This information may include:

(a) default information;
(b) credit infringement information;
(c) personal solvency information (e.g. bankruptcy information);
(d) court proceedings information (e.g. any default judgments entered against you); and
(e) repayment history information.

We will not request access to credit information about you from a credit reporting body unless you authorise us in writing to do so, by completing an Account Application Form. 

3. How we collect information

Generally we collect personal information when you voluntarily provide it to us, for example:

(a)when you contact us via phone;
(b)when you update an on-line profile that includes personal information such as your name and contact details; and
(c)when you enter your personal information into forms (including on our website).

We may also collect personal information through publically available records, such as company and property searches.

Our website may use “cookies” (these are files that are implanted in your hard drive by some websites to store information about your web use patterns) to enhance or personalise our website services. These cookies may also be used to collect and store information about your usage of our website. We may in any case collect anonymous information that allows us to review information about the date, time and duration of visits to our website without identifying you. This information is generally automatically provided to us by your web browser. 

4.How we use personal information

The primary purpose we collect your personal information is to:

(a) verify your identity;
(b) respond to your queries;
(c) assess any application for credit or to open an account with us;
(d) to assess your guarantor application;
(e) to assess the credit application of a company, partnership or trust, of which you are a director, member, partner, trustee, and/or beneficiary, as applicable, to provide suitable credit facilities;
(f) to provide your account information to our agents who we use to manage and oversee your account, for example, brokers and referral agents;
(g) as the law authorises or requires;
(h) maintain our relationship with you;
(i) send you statements and invoices;
(j) collect payments from you;
(k) provide you with information about our products and services;
(l) conduct research for our own internal purposes; and
(m) request credit information from a credit reporting body, trade references that you provide us and/or other credit providers named in an Account Application Form or credit report that we obtain from a credit reporting body.

We may also use your personal information to send you communications and contact you about our goods and services, programs, events, campaigns, functions or news updates that may be relevant or of interest to you.

From time to time we may also send you communications and information about third party products and offers. We will generally give you the option to opt-out of receiving promotional and marketing communications at the time you subscribe to our products and/or services. If you do not wish to be contacted for these purposes you can let us know at any time by contacting us at the details below. Every commercial electronic communication sent by us will contain a functional unsubscribe facility or otherwise allow you to easily opt out of such communications.

You agree that we may use your personal information for any of these purposes, and any ancillary or related purposes.

5. How we use credit information

We use the credit information that we obtain from you or a credit reporting body and information we derive from such information strictly for the purpose of assessing your application for credit or finance. If you do not authorise us to obtain credit information about you, we may be unable to assess your application and therefore your request may be refused.

We may disclose your personal information to credit reporting bodies where we are permitted to do so by law, for example, in circumstances where you fail to meet your payment obligations in relation to consumer credit. These credit reporting bodies may include any such information in reports provided to other credit providers to assist them to assess your credit worthiness.

6. The circumstances in which we may disclose personal information

So that we may use your information for the purposes identified above, we may disclose it to external providers of services, for example, providers of IT services. We may also outsource certain functions of our business from time to time, for example customer relationship management, and may disclose personal information to third parties as required in these circumstances.

We may disclose your personal information to the extent that we are required to do so by law, including in connection with any legal proceedings or anticipated legal proceedings, or in order to comply with any legal obligation, or to establish, exercise or defend our legal rights. We may sell, transfer, or otherwise disclose our database of personal information to an actual or potential successor entity, purchaser, or investor in connection with a corporate merger, consolidation, sale of our assets or a substantial part of our assets, share sale, investment transaction or other corporate rearrangement.

You agree that we may disclose your personal information in any of these circumstances. We disclaim all liability for any privacy breaches by third parties to whom we have disclosed your personal information in accordance with this policy.

You may withdraw your consent to use or disclose your personal information at any time. To withdraw this consent please contact us at the details below. Please note that withdrawing your consent may mean that we are unable to provide you with or continue to provide our services.

7. Do we transfer or disclose any personal information overseas?

Personal information that we collect may be transferred and stored outside of Australia, primarily in New Zealand. Your personal information may be transferred to a parent or related entity located in New Zealand.

The Privacy Act 1988 (Cth) (the Act) and corresponding Australian Privacy Principles (“APPs”) require relevant Australian entities to ensure that, before disclosing personal information overseas, reasonable steps are taken to ensure that overseas recipients do not breach the Act or the APPs (APP 8.1). It is not always possible to ensure that overseas recipients will comply. We do not take any responsibility for the actions of overseas third party recipients of personal information. By agreeing to this Privacy Policy you are agreeing that your personal information may be disclosed overseas and that APP 8.1 will not apply to that disclosure. This means that you will not have recourse against us under the Act in the event that an overseas recipient of your personal information breaches the APPs.

Your personal information may also be transferred overseas if we sell, transfer or disclose our database of personal information to an actual or potential successor entity, purchaser or investor who is located or has offices overseas. It is not practicable to specify the likely countries in which recipients of information may be located in this regard.

8. Security of your personal information

We hold your Personal Information in electronic drives and/or physical files.

We understand the importance of protecting your personal and credit information and take steps to ensure it is free from misuse, interference, modification, loss or unauthorised access by:

(a) limiting access to your Personal Information to those that need access;
(b) securing your Personal Information; and
(c) protecting our systems with relevant technology solutions.

Whilst we endeavour to provide a secure environment, there are inherent risks associated with the transmission of information via the internet and no data transmission over the internet can be guaranteed to be completely secure. We therefore cannot warrant the security of any information you provide to us over the internet and you do so at your own risk.

We encourage you to play an important role in keeping your personal information secure, by maintaining the confidentiality of any passwords and account details used on our website. It is your sole responsibility to maintain such confidentiality and we will not be liable for any damage, loss or expense suffered due to such disclosure.

9. Third parties

Our website may contain links to third party websites and social media features that are hosted by a third party. Links to other websites do not constitute sponsorship, endorsement or approval of the information found on those websites. You should evaluate the accuracy, relevance and suitability for your purposes of any such information. We are not responsible for the privacy policies or practices of third party websites, and your interactions with any social media features are governed by the privacy policies and practices of the hosting entities.

 

10. Access to and correction of your information

We aim to ensure that your personal and credit information is accurate, complete and up to date. To assist us, please contact us via the details below if any of your details provided have changed or if you believe that the information we hold about you is inaccurate or incomplete.

You may request us to provide you with access to the personal or credit information we hold about you at any time. We will respond to your access request as soon as possible, however, before disclosing any such information, it will be necessary for you to satisfactorily verify your identity. In some cases, a nominal administration fee may be charged to cover the cost of providing the personal information.

There are exceptional circumstances where access to or correction of your personal or credit information may be refused by us such as where access would be unlawful. We will advise you of such circumstances if they arise.

If at any time, you believe on reasonable grounds that you have been a victim of fraud, you may request us not to use or disclose your personal information.


11. When your information is no longer needed

We’ll only keep your information for as long as we require it for our business functions or activities as set out in this Policy. We are also required to keep some of your information for certain periods of time under law.
When we no longer require your information, we’ll ensure that your information is destroyed or de-identified.
We may need to retain your personal information after our relationship has ended, however, we will not retain identifiable personal information longer than reasonably necessary and permitted by law.

 

12.Complaints

If we become aware of any concerns or problems concerning our privacy practices, we will take such issues seriously and work to address these concerns.

If you have any queries about this Policy, or have a problem or complaint regarding our compliance with this policy, the Act or the Privacy (Credit Reporting) Code registered under the Act, please contact us using one of the methods below.

We will:

(a) deal with your query or complaint promptly;
(b) investigate your complaint; and
(c) notify you of the outcome of your complaint following completion of the investigation.

If you are dissatisfied with the outcome or your complaint or the complaint remains unresolved, you may refer the matter to the Office of the Australian Information Commissioner. Its contact details are:
The Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992
Website: www.oaic.gov.au

13.Contact us

If you have any questions or complaints about this privacy policy or our treatment of your personal or credit information, or if you would like to access or amend your personal information, please contact us:

Telephone:07 5540 6999
Address:The Privacy Officer
PO Box 1002 Archerfield QLD 4108
Email: privacy@portergroup.com.au

14. Authorisation and consent

You agree to, and provide your consent to the collection, use and handling of your personal and credit information in accordance with, the terms set out in this Policy.

15. Changes to this Policy

This policy will be reviewed from time to time to take account of new laws and/or changes to our operations. Any information we hold about you will be governed by our most current policy. We recommend that you periodically review this policy for any changes.

 

 

 


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