1. Introduction
1.1. Yokohama Tyre Australia Pty Ltd (ABN 26 001 361 459) (‘Yokohama’, ‘us’, ‘we’ or ‘us’) has a commitment to privacy in accordance with the Privacy Act 1988 (Cth) (‘Privacy Act’) as amended from time to time, and the guidelines and policies of the Australian Privacy Commissioner. This Privacy Policy is provided to make you aware of how we collect, use and manage your:
(a) "personal information", which means information or an opinion recorded about an individual that makes the individuals identity reasonably apparent or ascertainable; and
(b) credit related personal information and credit eligibility information (‘credit related information’), including information about your applications for commercial credit and credit accounts with Yokohama and your credit reporting information that we derive from credit reporting bodies (‘CRBs’) and from other credit providers.
1.2 While the Privacy Act uses a variety of terms to the information above, to make it easier to read this policy, we refer to all such information collect from you as ‘personal information’.
1.3 When you engage Yokohama to provide you with any products or services, apply or complete an application for commercial credit, communicate with Yokohama through email, by telephone, in writing, or use any of Yokohama’s other services, including the Yokohama website, you agree to the use and disclosure of your personal information in the manner described in this policy.
1.4 This policy is also relevant and applies to other individuals we deal with in connection with commercial credit we provide, such as guarantors and directors.
1.5 In making this Privacy Policy, Yokohama does so on the basis that this policy does not replace or limit the requirements of the Privacy Act.
2. Manner and purpose for collection your personal information
2.1. Yokohama collects personal information, such as:
(a) identity particulars such as; your name, address, date of birth, telephone number, occupation, and drivers licence number;
(b) your bank account details and credit card information;
(c) your credit related information;
(d) information we collect from you for providing our goods and services to you, or when assessing , processing and managing an application by you for commercial credit;
(e) emails, user ID's and passwords;
(f) records of communications with Yokohama;
(g) information about your transactions with us, such as account balances, payment history and account activity;
(h) your website usage information such as your IP address.
2.2. Yokohama will generally collect and use your personal information for the primary purpose of:
(a) Yokohama’s general business activities and functions;
(b) assessing and processing an application for commercial credit;
(c) evaluating and monitoring credit worthiness;
(d) for administrative purposes in relation to the ongoing management of your commercial credit arrangement;
(e) communicating with you, including responding to customers' inquiries about goods and services and applications and accounts;
(f) meeting our legal and regulatory requirements;
(g) conducting, improving and developing a business relationship with you;
(h) marketing (such as providing individuals with information about our products and promotional notices and offers); and
(i) improving our website.
2.3. Personal information is only collected:
(a) if necessary for Yokohama’s general business activities and functions;
(b) by lawful and fair means; and
(c) where practicable, only from the individual concerned or from a person acting or authorised to act on the individual’s behalf.
(d) where you have applied for commercial credit or deferred payment, we may also make enquiries with third parties with your consent. This could include persons nominated by you as trade references, CRBs and your bankers.
2.4. Yokohama takes reasonable steps to ensure that you are aware of:
(a) he likely use of the information;
(b) the right of access to the information;
(c) the identity and contact details of the organisation we have collected the information from;
(d) any law requiring collection of the information; and
(e) the main consequences of failure to provide the information.
3. How we may use and disclose your personal information
3.1. Yokohama may use and disclose your personal information:
(a) for the primary purpose for which the information was collected, such as those described in clause 2.2 above;
(b) administering and responding to your enquiries or feedback about our products and / or services;
(c) where you would reasonably expect this;
(d) where you have consented to us using your personal information for other purposes;
(e) to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights;
(f) data analysis; and
(g) for direct marketing by Yokohama including promoting and marketing our current and future products and services to you, but giving you the opportunity to opt out of such direct marketing; Yokohama includes its contact details in any direct marketing.
3.2. Where the Privacy Act permits us to do so, we may also disclose the credit related information to CRBs such as Equifax Australia (previously Veda) or Dunn & Bradstreet, if you apply for commercial credit or request to increase in your commercial credit limit with Yokohama.
3.3. Where Yokohama collects personal credit information that we are likely to disclose to a CRBs, please note:
(a) the CRBs may include that information in reports provided to Yokohama to assist it to assess your creditworthiness;
(b) if you fail to meet payment obligations in relation to commercial credit or commits a serious credit infringement, Yokohama may be entitled to disclose this to the CRB;
(c) if you are an individual you may access information from Yokohama in accordance with this privacy policy and may access this information for the purpose of requesting Yokohama to correct the information or make a complaint to Yokohama.
3.4. Yokohama does not disclose your personal information for any secondary purposes unless your consent has been given or as required by law.
3.5. Yokohama will not sell or license any personal information that it collects from you.
4. Accuracy and completeness of personal information
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4.1. While Yokohama will take reasonable steps to ensure that the personal information collected from you is accurate, up to date and complete, Yokohama will assume that any personal information provided by you is free from errors and omissions, is not misleading or deceptive and complies with all relevant laws.
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4.2. If you believe your information is incorrect, incomplete or not current, you can request that we update this information by contacting our Privacy Officer. To contact our Privacy Officer please see contact details below in paragraph 15.
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4.3. Yokohama will correct information it has about you if it discovers, or you are able to show to a reasonable standard, the information is incorrect. If you seek correction and Yokohama disagrees that the information is incorrect, Yokohama will provide you with its reasons for taking that view.
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4.4 Yokohama disregards information that seems likely to be inaccurate or out-of-date by reason of the time that has elapsed since it was collected or by reason of any other information in its possession.
5. Storage and security of your personal information
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5.1. Yokohama will ensure that the information collected from you is protected and will do everything reasonably within our power to ensure to prevent unauthorised use or disclosure of the information. Yokohama protects your personal information from misuse or loss by restricting access to the information in electronic format, and by appropriate physical and communications security.
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5.2. If an ‘eligible breach’ (as defined in the Privacy Act) of your personal information has occurred (for example, your personal information was shared with unauthorised persons in circumstances that may result in serious harm), Yokohama will notify you as soon as reasonably practicable.
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5.3. Yokohama will only keep your personal information for as long as it is required for the purpose for which it was collected or as otherwise required by law. Yokohama will take reasonable steps to destroy or permanently de-identify your personal information if it is no longer needed for any purpose for which the information may be used or disclosed.
6. Dealing with unsolicited information
6.1. Yokohama takes all reasonable steps to ensure that all unsolicited information is destroyed or de-identified.
7. Anonymity when dealing with Yokohama
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7.1. Yokohama allows you the option not to identify yourself when dealing with it, only where it is practicable.
8. Using our Website
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8.1. As with most websites, when you visit the Yokohama website or use an application on the Yokohama website, Yokohama may record anonymous information such as IP address, time, date, referring URL, pages accessed and documents downloaded type of browser and operating system.
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8.2. Yokohama also uses “cookies”. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal information. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the Yokohama website, but the website may be limited in the use of some of the features.
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8.3. The Yokohama website may contain links to or from other websites. Yokohama is not responsible for the privacy practices of other websites. This privacy policy applies only to the information we collect on the Yokohama’s website. We encourage you to read the privacy policies of other websites you link to from Yokohama’s website.
9. Marketing and Opting-Out
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9.1. Yokohama may exchange your personal information between its related entities and so they can also assist in the marketing of our products and services to you.
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9.2. Yokohama will only offer you products or services, where we reasonably believe that they could be of interest or benefit to you.
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9.3. At the point Yokohama collects information from you, you may be asked to “opt in” to consent to Yokohama using or disclosing your personal information. You will generally be given the opportunity to “opt out” from receiving marketing communications from Yokohama. You may “opt out” from receiving these communications by clicking on an unsubscribe link at the end of an email or by contacting Yokohama with this request.
10. Cross border disclosure
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10.1. Your personal information may also be processed by, or disclosed to employees, representatives, or other third parties operating outside of Australia who work for, or are engaged by Yokohama in other countries including, Japan. For example, Yokohama may use a server hosted overseas to store data, which may include your personal information.
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10.2. Yokohama will take reasonable steps, in the circumstances, before your personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information (‘the reasonable steps’).
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10.3. The reasonable steps may not apply if you consent to the disclosure of your personal information to an overseas recipient and we reasonably believe that the overseas receipt is subject to laws that are suitability similar to privacy laws in Australia.
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10.4. If you consent to the disclosure of your personal information to an overseas recipient, the overseas recipient may not be accountable under the Privacy Act, and you will not be able to seek redress for breaches under the Privacy Act.
11. Government identifiers
11.1. Yokohama does not use government identifiers (e.g. tax file numbers or Medicare numbers) to identify individuals.
12. Accessing your personal information
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12.1. Yokohama acknowledges that you have a general right of access to information concerning you, and to have inaccurate information corrected. You are able to access the personal information we hold about you by contacting Yokohama’s Privacy Officer. To contact Yokohama’s Privacy Officer please see contact details below. If access is refused to your information, Yokohama will give you a notice explaining our decision to the extent practicable and your options.
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12.2. If you make an access request, Yokohama may ask you to verify your identity and put your request in writing for security reasons. Yokohama may charge a reasonable administration fee to cover the costs of meeting your request. We will reply to your request for access within 30 days of notification by you.
13. Transfer of Ownership
13.1. As Yokohama develops its business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, your Personal Information may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of Yokohama’s business (or its assets) will continue to have the right to use your Personal Information in accordance with the terms of this Privacy Policy.
14. Complaints and disputes
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14.1. If you have reason to believe that Yokohama has not complied with its obligations relating to your personal information under this privacy policy or under the Privacy Act, please refer any compliant to queries to our Privacy Officer (details below).
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14.2. Yokohama will ensure your complaint is handled by Yokohama’s Privacy Officer in an appropriate and reasonable manner. Where necessary Yokohama may consult with a credit reporting body or another credit provider in order to deal with your complaint. A written notice of our decision regarding your complaint will be provided to you. If you are not satisfied with the outcome, then you may contact the Office of the Australian Privacy Commissioner:
Office of the Australian Information Commissioner
Website: www.oaic.gov.au
Phone: 1300 363 992
15. Who should you contact for further information?
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15.1. Please refer any queries or complaints about privacy issues to our:
Privacy Officer
Yokohama Tyre Australia Pty.
Ltd. PO Box 6002, Silverwater
NSW 1811Phone: (02) 8747 2600
Fax: (02) 97378014
Email: compliance@yokohama.com.au -
15.2. The Privacy Officer will endeavour to deal with your inquiry or query as soon as is reasonably practicable and in accordance with this policy.
16. How this policy changes
16.1. This policy may change from time to time. A current version of this policy will be published on Yokohama’s website or may be obtained free of charge upon request.
Last Updated: January 2020