1 Your rights in relation to privacy
Petrogas Pty Ltd ACN 006 960 372 (Petrogas) understands the importance of protecting the privacy of an individual’s personal information. This statement sets out how Petrogas aims to protect the privacy of your personal information, your rights in relation to your personal information managed by Petrogas and the way Petrogas collects, holds, uses and discloses your personal information.
In handling your personal information, Petrogas will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act. To the extent Petrogas handles your credit information, Petrogas 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 Petrogas collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its services, Petrogas may collect your personal information.
Generally, the kinds of personal information Petrogas 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 Petrogas’ assessment of an application for a commercial trading account with Petrogas 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 (i.e. a payment that is at least 60 days overdue and over $150 in value) provided Petrogas 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;
- credit eligibility information which is credit-related information about you that Petrogas obtains from the following credit reporting bodies (collectively the CRBs):
- VEDA Advantage Information Services Solutions Limited (Veda Advantage);
- Dun & Bradstreet (Australia) Pty Ltd (Dun & Bradstreet); and
- CreditorWatch Limited (CreditorWatch),
- (the details of which are set out in paragraph 5);
- any additional information Petrogas derives from credit eligibility information based on its own analysis including internally generated scores, ratings and other assessments used to evaluate your credit worthiness. Petrogas generally receives from the CRBs credit related personal information including, but not limited to, the information set out above.
In some circumstances Petrogas may also hold other personal information provided by you.
3 How does Petrogas collect personal information?
Generally, Petrogas collects your personal information directly from you, through the completion of a manual or online form, such as for a commercial trading account with Petrogas, an interaction or exchange in person or by way of telephone, facsimile, email, post or through the use of the Petrogas website. There may be occasions when Petrogas collects your personal information from other sources such as from:
- your employer, where necessary for Petrogas 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;
- the CRBs (or any 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;
- Petrogas’ own records about you, from which Petrogas 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, Petrogas 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 Petrogas need your personal information?
Petrogas collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:
- distributing Mobil lubricants and specialty products including fuel throughout the greater Melbourne Metropolitan area;
- 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 Petrogas;
- 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 Petrogas or selected third parties;
- assessing your application for employment with Petrogas 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 Personal Property Securities Act 2009 (Cth).
- Petrogas may also use your personal information for purposes related to the above purposes and for which you would reasonably expect Petrogas 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, Petrogas 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 Petrogas. However, without certain information from you, Petrogas may not be able to provide its products and/or services to you.
Petrogas discloses your personal information for the purpose for which Petrogas collects it. That is, generally, Petrogas 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 Petrogas’ enterprise or assets;
- Petrogas’ professional advisors, contractors, consultants, bankers and related bodies corporate;
- insurance providers, insurance brokers (including RMS Credit, a division of Risk Mitigation Solutions Ltd), and insurance underwriters (including Atradius Credit Insurance NV);
- debt collection providers (including Atradius Collections Pty Ltd and Kemps Petersons Pty Ltd); and
- regulatory bodies.
Petrogas may also disclose your personal information, including your credit information, to other credit providers and the CRBs (contactable on the details set out below). In particular, Petrogas may disclose to the CRBs information about you failing to meet your payment obligations or if you commit a serious credit infringement. The CRBs may include any information provided by Petrogas 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. Petrogas may also disclose your personal information with your consent or if disclosure is required or authorised by law.
Veda Advantage can be contacted:
- in writing to: Veda Public Access, PO Box 964, NORTH SYDNEY NSW 2059;
- by ordering an online copy of credit reporting information Veda Advantage holds about you; or
- 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/
Dun & Bradstreet can be contacted:
- through its website at: http://www.checkyourcredit.com.au;
- via email at: PACaustral@nulldnb.com.au; or
- via Dun & Bradstreet’s Public Access Centre on 1300 734 806
- Dun & Bradstreet’s policy on its management of credit related personal information can be accessed through its website at: http://dnb.com.au/Header/About_Us/Legal/Privacy_policy/index.aspx
CreditorWatch can be contacted:
- via phone on: 1300 50 13 12
- by mail to: GPO Box 276, Sydney, NSW 2001
- through its website at: https://creditorwatch.com.au/contact
CreditorWatch’s policy on its management of credit related personal information can be accessed through its website at: https://creditorwatch.com.au/page/privacy
6 Overseas disclosure
Petrogas 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), Petrogas 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 Petrogas’ Privacy Compliance Officer on the details set out in paragraph 10.
7 Direct marketing
Petrogas 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 Petrogas via the contact details set out in paragraph 10 or through any opt-out mechanism contained in a marketing communication to you.
Petrogas 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 the CRBs assessing your eligibility to receive direct marketing communications sent on behalf of Petrogas. You may make a request directly to the CRBs not to use your credit-related personal information for these purposes.
8 Security of your personal information
Petrogas 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. Petrogas 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 Petrogas receives from the CRBs for the purpose of assessing credit worthiness, is stored through equally secure methods.
Petrogas will destroy or de-identify personal information in circumstances where it is no longer required, unless Petrogas 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 the CRBs not to use or disclose credit related personal information they hold about you by contacting the CRBs on the details set out in paragraph 5.
9 Can you access and correct the personal information that Petrogas holds about you?
Petrogas 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 Petrogas. If at any time you would like to access or correct the personal information that Petrogas holds about you, or you would like more information on Petrogas’ approach to privacy, please contact Petrogas via the contact details set out in paragraph 10 below. Petrogas 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, Petrogas may also consult with other relevant entities, including but not limited to the CRBs. Petrogas’ 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;
- Petrogas requests that you be reasonably specific about the information you require; and
- Petrogas may charge you a reasonable administration fee, which reflects the cost to Petrogas, for providing access in accordance with your request.
Alternatively, if you would like to access personal information held about you by the CRBs, please contact the CRBs on the contact details set out in paragraph 5.
Petrogas will endeavour to respond to your request to access or correct your personal information within 30 days from your request. If Petrogas refuses your request to access or correct your personal information, Petrogas will provide you with written reasons for the refusal and details of complaint mechanisms. Petrogas will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of Petrogas.
If you are dissatisfied with Petrogas’ 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.
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 Petrogas’ Privacy Compliance Officer at email@example.com.
11 Privacy complaints
Please direct all privacy complaints to Petrogas’ 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