Privacy Policy — Toybrids

1. Background

At Toybrids, we are committed to protecting the information of personnel who drive with us, inquire with us, or leave any details with us. These are our obligations under Australian privacy principles. This policy will provide you with information on how we collect, use, store, and disclose personal information.

Toybrids, a registered business name of Southern River Equipment Pty Ltd ACN 689 380 710 (ABN 97 689 380 710), and our Related Entities (we, our, us) provide innovative vehicle solutions to the community. Our rentals are tailored for drivers looking for a private vehicle on a lease or lease-to-buy basis. We are required to collect personal information to provide quality solutions; without specific personal information, we may be unable to provide services, or the quality level of service we guarantee may be compromised.

2. Definitions

In this policy:

Complimentary Service reflects a service that is provided by a third party complimentary to any agreement you sign—for example – roadside assistance, mechanic servicing, commercial insurance.

Driver or Lessee refers to the driver of a vehicle, the title of whom an agreement is made out.

Owner or Lessor means the title owners of a vehicle: Toybrids.

Personal Information as per the meaning provided under the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth).

Sensitive Information has the meaning given under the Privacy Act.
Services refer to the vehicle lease services we provide to lessees.

Website means toybrids.com.au and other websites, forums, and forms of social media. Such platforms refer to where you or we may refer to or comment on our services or business in any way, shape, or form.

The meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation. Complementary Service reflects a service provided by a third party complimentary to any agreement you sign. Examples include roadside assistance, mechanic servicing, and commercial insurance.

Driver or Lessee refers to the driver of a vehicle, the title of whom an agreement is made out.

Owner or Lessor means the title owners of a vehicle: Toybrids.

Personal Information as per the meaning provided under the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth).

Sensitive Information has the meaning given under the Privacy Act.
Services refers to the vehicle lease services we provide to lessees.

The meaning of any general language is not restricted by any accompanying example and the words ‘includes’, ‘including’, ‘such as’, ‘for example’, or similar words are not words of limitation.

3. List of Personal Information we collect?

Personal information we collect often differs depending on the circumstance of a lease and our relationship with you. The services we provide differ from customer to customer. Information we collect includes:

for Lessees: name, address, email address, telephone numbers, proof of address, bank account details, driver’s license, information about gender, work status, and medical issues.
Where you apply for employment with Toybrids: name, email address, telephone numbers, emergency contact details, address and any other contact details, qualifications, employment history, any information we deem suitable in engaging your services.

4. Method we collect Personal Information on?

When collecting personal information, we may do so:

from you directly;
via our website or any electronic communication channels (i.e., via email, Facebook, Gumtree);
in the event, we run a competition or promotion, and you participate, or via survey in which you participate or register to receive information from us;
when required to do so by law;
from third parties;
from any sources made availably publicly;
from your employer, company, or any organisation if you use our services under a corporate account or any retail arrangement;
from our third party facilitators or contracted service provides, including debt collection agencies whereas payment is defaulted;
when you visit our website. This server will automatically record information your browser sends (i.e., your IP address, how and when you visit our website, which documents and pages you have accessed and visited.

We will not hand your information out unless we have received prior consent directly from you or are required to do so by law. In addition, if you supply any personal information to us regarding any other person, you accept that this information is on the basis that you are authorised to provide us with this information and that information you provide, you have consent by the relevant person to do so.

5. GPS & Vehicle Tracking

Any vehicle lease will be fitted with Global Position Satellite tracking devices or other electronic devices. These devices provide safety for the lessees and the leased vehicle and enable us to track and locate the vehicle.

6. What do we use Personal Information for?

Personal information is used for the operational purposes of running the services we provide, including:

to provide our innovative Services;
to identify you;
to verify any information you have provided us and ensure it is correct and without error;
for security purposes;
to develop our innovative Services;
to comply with our contractual and legal obligations;
to provide the relevant information to companies and entities which provide complementary services such as insurance, repairs, and maintenance, GPS tracking, and security;
to meet our statutory demands in the event of an emergency;
to process your inquiries efficiently;
for marketing and business development purposes.

7. Credit Reporting Bodies & PPSR

To the extent, we are permitted to do so via relevant laws. You authorise Toybrids and its authorised representatives to collect, use and disclose information in respect to any credit we provide (i.e., in the event you enter into a lease-to-buy arrangement). The information required to provide this innovative service requires us to include personal information in an application to a credit reporting body (CRB). This information assists MCSyo and its representatives in assessing you for creditworthiness, prior payment issues, and any information regarding defaults, any fraudulent or credit infringement information related to you, court judgements against you, and where you have been declared bankrupt or insolvent.
Whereas payment is defaulted on any money owed to us, you automatically give us the right to provide information to a CRB and obtain an up-to-date consumer credit report on you.

The credit reporting body may use and disclose your personal information in accordance with its privacy policy. It may be used to create and maintain your credit information. Credit reporting bodies can also disclose information about you in some circumstances, such as where you believe you have fallen victim to fraud.

The information we provide to a credit reporting body includes:

personal particulars (e.g., your primary and secondary name, your gender, living address, previous living addresses, date of birth, name of present or former employers, rental agreement, mortgage provider, and drivers licence number)
any details regarding your application for credit and the amount you have requested;
any advice to allow the body to understand we are a current credit provider to you;
information of overdue accounts, default amounts, outstanding monies;
information of overdue accounts, default amounts, outstanding monies which are not paid and no longer overdue;
information that whereas our opinion is satisfied is that you have committed a serious credit violation (i.e., that you have no intention to pay and you have acted in a fraudulent or dishonest way).
where there is an agreement to draw your account via direct debit and amounts over ($100.00) have declined.
that credit provided to you by us has been paid or otherwise discharged.
Information about credit reporting bodies that we use and may have obtained from our Privacy Officers, whose details are set out below.

8. Alternative Credit Providers

As a lessee, you agree and authorise us to exchange your personal information with you to other credit providers named in a consumer credit report that has been issued by a credit reporting body for any of the following reasons:

to assess any other credit application you make;
to assess your creditworthiness;
to notify any credit providers of any contractual default, you have made;
to notify any credit providers of any contractual default rectifications, you have made;
to ascertain the status of a credit account, which resulted in a contractual default.

Whereas information is exchanged regarding your credit history, creditworthiness, credit standing, or credit capacity, it is subject to restrictions imposed on credit providers under the Privacy Act 1988.

As a lessee, the personal credit information you provide to us may be used and retained by us for any of the following purposes (or any purpose as required by law):

provisions of any goods and services;
marketing of any goods or services we provide, our agents provide, creditors provide, or distributors provide;
where we deem necessary to analyse, verify or check your credit or payment history in relation to any provisions of goods and services.
where we are required to process any payment instructions, direct debit facilities, or credit facilities as requested by yourself;
enabling the daily operation of your account or the collection of amounts outstanding to us for the provision of goods or services.

9. Marketing

The information you provide to us may be used to provide you with information on offers, products, and services offered by us, by our retailers, and any associates. Whereas you one day decide you no longer wish to receive marketing information from Toybrids, you may contact our Privacy Officer directly and request our details be removed from the marketing database. Sensitive information is not used for marketing purposes.

10. Disclosure of Personal Information

On top of the situations mentioned above (including the determinations specified in section 6), your personal information may be disclosed to any related entities and third parties in certain circumstances such as:

where a Complementary Service is provided;
where you agree to such disclosure;
to assist Toybrids in providing innovative services to you;
where Toybrids is required to do so by law, i.e., court order, Police warrant, any statutory authority or regulator, or where we are required to investigate fraud or other unlawful actions;
any circumstances where you or a reasonable person expects us to provide your information to provide a service or which leaves you in a better position than you otherwise would have been;
where we must provide it for audit purposes such as an ATO audit;
where disclosure will prevent or reduce the chances or result of a serious threat to someone’s life or health.
where required to do so under-enforcement of criminal law, any laws imposing a pecuniary penalty, or for protection of public revenue.

11. Consideration regarding secure information

Toybrids will do everything necessary to protect your personal information from misuse, loss, unauthorised access, modification, disclosure. It is, however, prudent to understand that the internet is not a secure environment. The nature of the internet means information exchanges via the internet may be accessed by people that are not authorised to access it. This means when you send us any information, including personal information, it is sent at your own risk.

Whereas you wish to access a third party (associate or other) from this website, you do so and provide personal information in accordance with the other websites’ privacy terms and conditions.

12. How your information is stored

Our promise to you is that our information systems and our files are secured from unauthorised access. Those within Toybrids understand the importance of protecting your privacy and what their role is in doing so.

We have a stringent procedure to secure your personal information securely on electronic facilities, and there are physical measures preventing anyone from accessing the information, such as password protection software.

Whereas personal information is no longer required to be held, we will remove it as soon as possible. However, we may retain information that is necessary for us to comply with the law, such as to prevent fraud, for insurance, for government purposes, or where you have a contractual default and still owe us monies.

13. How you can update, correct, or delete your Personal Information

At any time, you can request to access the personal information we have on file for you. This can be done to correct any inaccurate information. To do so, you must contact the Privacy Officer. Before accessing this information, we may ask you to provide evidence to confirm your identity.

You are welcome to request any information we collect from a third party. Under the Privacy Act, we must provide this information to you at no cost. If the Privacy Act or any law prevents the information from being withheld, we will tell you this in written notice regarding the refusal.

14. Changes to Toybrids Privacy Policy

This document is our Privacy Policy. It will be updated whenever necessary and from time to time as the business evolves and changes. Whenever you visit this website, you should read the Privacy Policy and check for any changes. Alternatively, you may request a copy from our Privacy Officer.

15. Contacting us

You should contact us at your next earliest convenience if you believe:

anyone unauthorised to do so has gained access to your privacy information;
you believe we have breached our privacy obligations and wish to complain or express concern;
you would like to discuss any issues about our privacy policy.

Our contact details are:

Attention: Privacy Officer
Mail:15 Archimedes Drive, Forrestdale, WA 6112
Email: privacy@toybrids.com.au

You can obtain more information about your rights and the obligations we must confer to directly from the Office of the Australian Information Commissioner at:

Website: www.oaic.gov.au
Post: GPO Box 5218 Sydney NSW 2001
Email: enquiries@oaic.gov.au