1.1 Whittley Marine Group Pty Ltd (“Whittley Marine”, “we”, “our” and “us”) is committed to responsible privacy practices and to complying with the Privacy Principles contained in the Privacy Act 1988 (Cth) (“Privacy Act”). Where applicable, Whittley Marine will handle personal information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation.
1.3 Authorised Whittley Marine Dealers (“Dealers”) are independent entities and not related to Whittley Marine and may have privacy policies which differ from ours. Dealers are responsible for their own privacy policies and privacy practices. Please contact your Dealer directly for further information.
2. What is personal information?
3. What types of personal information does Whittley Marine collect?
3.1 The types of personal information Whittley Marine collects from you depend on the circumstances in which the information is collected.
3.2 Ford may collect contact details including your name, address, email address and phone and fax numbers.
3.3 Where relevant, Whittley Marine may also collect your driver’s licence and registration details, date of birth or age group, occupation, gender, information about your vehicle (including its number plate and vehicle identification number), answers you provide to questions we ask and other information in relation to your dealings with Whittley Marine or Dealers (such as types of boat purchased and replaced and repair/service history).
3.4 If you are an individual contractor to Whittley Marine, in addition to the information referred to in section 3.3 we may collect information relevant to your engagement with Whittley Marine including qualifications, length of engagement, resume, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of Whittley Marine equipment (e.g. phones, computers and boats). A reference to an individual contractor in this document includes those individuals who perform work for Whittley Marine under a “purchased service” arrangement. If you are employed by or contracted to a Dealer, we may also collect and maintain training records about you.
3.5 When using the Whittley Marine website, we or our third party service providers may collect web site usage information such as the IP address you are using, the name of your Internet service provider, your browser version, the web site that referred you to us and the next website you go to, the pages you request, the date and time of those requests and the country you are in. Except where you provide it to us via the website, we do not collect personal information such as your name, mailing address, email address or phone number when you are browsing our website.
3.7 If you do provide sensitive information to us for any reason (for example, if you provide us with information about a disability you have), you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.
3.8 Occasionally, sensitive information in relation to an individual’s membership of a trade or similar association may be provided to us but we do not actively seek this information. We will only use and disclose that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.
3.9 In addition to the types of personal information identified above, Whittley Marine may collect personal information as otherwise permitted or required by law.
4. How do we collect your personal information?
4.1 Whittley Marine collects personal information in a number of ways. The most common ways we collect your personal information are:
directly from you when you provide it to us or our agents or contractors;
via Dealers from which you purchase Whittley Marine related goods or services;
via our website or when you deal with us online (including through social media);
via our market research agencies;
when you enter a competition or promotion;
if you are an individual contractor to Whittley Marine, from your employer or recruitment agency;
if you are employed by or contracted to a Dealer, from that Dealer;
via owners forums;
from publicly available sources;
from our related companies; and
from third parties (for example, from referees if you apply for a position as an employee or contractor with us).
5. For what purposes do we collect, use and disclose your personal information?
5.1 The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your personal information.
5.2 We may use or disclose your personal information:
for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
for other purposes to which you have consented; and
as otherwise authorised or required by law.
5.3 In general we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations.
5.4 Some of the specific purposes for which we collect, use and disclose personal information are as follows:
to facilitate your request for a brochure or test drive, to add you to a mailing list or to respond if you request information (including via the Whittley Marine website or via an email you send to us);
to record and maintain the details of your purchase of a Whittley Marine boat for warranty purposes or your purchase of a product or service for administration purposes;
to keep track of the repairs and servicing of your Whittley Marine boat by Dealers;
to facilitate the provision of assistance and other services you acquire from us, Dealers or our agents or contractors;
to inform you in the event of a field service action, for example a recall, affecting your Whittley Marine boat;
to issue service reminders;
to improve our products and services;
to contact you (directly or through our service providers and marketing research agencies) to obtain your feedback and to find out your level of satisfaction with our products, services and Dealers through surveys;
to report to and evaluate Dealers;
to verify your identity;
to facilitate your entry and participation in a competition or trade promotion;
to consider you for a job at Whittley Marine (whether as an employee or contractor) or other relationships with us;
to provide goods or services to you or to receive goods or services from you;
to address any issues or complaints that we or you have regarding our relationship; and
to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.
5.5 We may also use and disclose your personal information for the purpose of direct marketing to you where:
you have consented to us doing so; or
it is otherwise permitted by law.
6. What happens if you don’t provide personal information?
6.1 Generally, you have no obligation to provide any personal information requested by us. However, if you choose to withhold requested personal information, we may not be able to provide you with the products and services that depend on the collection of that information.
6.2 As an example, if we did not collect personal information about your new boat purchase, we would be unable to notify you directly of a product recall affecting your boat.
7. To whom do we disclose personal information?
7.2 This may include disclosing your personal information to the following types of third parties:
our related companies;
our contractors (including mailing houses, marketing agencies, insurance providers, website and data hosting providers and other IT suppliers);
other persons who perform services for, or in connection with, us (including to facilitate the delivery of purchases, to provide roadside assistance, to autoclubs, for electronic direct mailing, for credit card payment authorisation, for trend analysis, for market research, for promotions and for the provision of statistical sales information to industry bodies);
companies who may use your personal information in order to tailor electronic advertising to you (e.g. on a webpage) in relation to our products and services;
our accountants, insurers (including those that provide extended warranties), lawyers, auditors and other professional advisers;
if you are an individual contractor to Whittley Marine, to your employer or agency in relation to the performance of your work with Whittley Marine;
if you are an individual contractor to Whittley Marine or a prospective employee, to our medical service providers for any medical assessments or in relation to any health or safety incidents and to HR related service providers (e.g. for background checks, screening or aptitude testing);
any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
in the unlikely event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors;
third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
otherwise as permitted or required by law.
7.3 Where we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Privacy Principles under the Privacy Act, e.g. by (where commercially practical) including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.
7.4 If you post information to certain public parts of our website or to our social media pages, you acknowledge that such information may be available to be viewed by the public. You should use discretion in deciding what information you upload to such sites.
8. Does personal information leave Australia?
8.1 Some of the third parties to whom we disclose personal information may be located outside Australia. For example, we may disclose personal information to our related companies overseas and to our overseas service providers.
8.2 The countries in which these third parties are located will depend on the circumstances. In the ordinary course of business we commonly disclose personal information to parties located in the United States, India, China and Singapore. Except where an exception applies under the Privacy Act, we will take reasonable steps to ensure that such overseas recipients do not breach the Privacy Principles in the Privacy Act in relation to such information.
9. How do we protect personal information?
9.2 Your personal information will not be “sold” by Whittley Marine to any other organisation for that organisation’s unrelated independent use.
10. What about information you provide in job applications?
10.1 If you submit a job application to Whittley Marine, we will use the information provided by you to assess your application. Whittley Marine may disclose the information contained in your application to contracted service providers for purposes such as screening, aptitude testing, medical testing and human resources management activities.
10.2 As part of the application process or (if you are successful in being employed by Whittley Marine) after you commence employment with Whittley Marine, you may be required to complete a health questionnaire. You may also be asked to undergo a medical assessment. In that case, you will be asked to give specific consent for Whittley Marine to disclose your questionnaire to its service providers for the purposes of the medical assessment and for the relevant service providers to disclose the results of the assessment to Whittley Marine.
10.3 If you refuse to provide any of the information requested by Whittley Marine, or to consent to Whittley Marine disclosing your questionnaire to its service providers for the purpose of a medical assessment or to the disclosure of the results of your medical assessment to Whittley Marine, we may be unable to consider your application (or if you have been successful in being employed by Whittley Marine, we may not be able to consider you for particular roles or positions within Whittley Marine).
10.4 Whittley Marine will handle health information in accordance with applicable laws and our Health Information Policy.
10.5 Whittley Marine may also ask you whether you agree to your personal information being provided to appropriate Whittley Marine suppliers so that you may be considered for positions with those suppliers which are relevant to your qualifications and experience.
11. Is the personal information we hold accurate?
11.1 We endeavour to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly (e.g. from a Dealer).
12. Links, cookies and use of the Whittley Marine website
12.2 Whittley Marine and its third party service providers uses technology such as “cookies”, “pixel tags” and java code on Whittley Marine websites and in emails you have agreed to receive from us. The use of “cookies”, “pixel tags” and java code is an industry standard, and helps us monitor the effectiveness of our advertising and how visitors use the Whittley Marine websites. A “cookie” is a small data element stored by your web browser on your computer system. If selected by you, the Whittley Marine websites will store your username and password in a “cookie” to enable you to be automatically logged in when you return. Whittley Marine website “cookies” do not store your email address or other personal information about you.
12.3 We and our third party service providers use this technology to generate statistics and measure site activity to improve the usefulness of customer visits. During normal website usage we do not collect or store personal information such as your name, mailing address, email address or phone number.
12.4 Each time you access Whittley Marine websites, the Whittley Marine server may deliver certain customised information, including ads, to you based on the data stored in your cookie. Third party vendors may show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our website and other Internet activity. Whittley Marine may also use analytics data supplied by third party vendors to inform and optimise our ad campaigns.
13. How you can access and correct personal information we hold about you
13.3 If you wish to access, correct or update personal information held by a Dealer, or unsubscribe from direct marketing from the Dealer, please contact that Dealer directly.
14. Queries, comments and complaints about our handling of personal information
14.2 When contacting us please provide as much detail as possible in relation to your question, concern or complaint.
14.3 Whittley Marine will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
14.4 If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner.
15. Contact details
15.1 Please address all privacy complaints to:
Attention: Privacy Officer
Whittley Marine Group Pty Ltd
99 Freight Drive, Somerton, Victoria, 3062
15.2 If you wish to seek access to or correct or update any personal information we hold about you, or to unsubscribe from or change your contact preferences in relation to our direct marketing, you can also contact us as follows:
phone the Whittley Marine on 03 8339 1800;
fax the Whittley Marine on 03 8339 1800; or
email us at firstname.lastname@example.org