PRIVACY POLICY

TOYO TYRE & RUBBER AUSTRALIA LIMITED (TOYO TIRES) PRIVACY POLICY

Privacy

1. We understand the importance of your right to privacy and Toyo Tires is committed to safeguarding your personal information. This Privacy Policy is designed to govern the use, collection and disclosure of your personal information, and to comply with the requirements of the National Privacy Principles under the Privacy Act (Cth) 1988.

Collecting your personal information

2. Toyo Tires will only collect personal information that are relevant to the purpose of the following:
2.1 Providing a product or services from Toyo Tires or its authorised dealers and partners;
2.2 Administration of Toyo Tires special offers, redemptions and promotions; and
2.3 Ongoing management of customer relations. 

3. We will only collect information in a reasonable and unintrusive manner and by lawful means and, if practical, we endeavour to collect personal information about an individual directly from that individual.

4. In general personal information is collected during the course of your purchase of products or services from Toyo Tires or its authorised dealers, and through customer enquiries made in store, by telephone, electronic mail and other electronic means through the Toyo Tires website or through a dealer or authorised partner of Toyo Tires. 

Use and disclosure of your information

5. In general personal information is used for the purpose of facilitating the sale and management of our products and services and for record keeping. We may also use the data we collect to manage business activity, resolve legal issues, payment issues, or to clarify where we have insufficient or incorrect data. 

6. From time to time we may send you offers of products and services or special promotions (“Direct Marketing Communications”) if you have consented to receiving such communications. If you do not wish to receive these offers, you may notify us at any time and we will not send such offers to you in the future.

7. In cases where it has been impractical to seek your consent relating to the receipt of Direct Marketing Communications from us, we will not send to you a Commercial Electronic Message as defined under the Spam Act (Cth) 2003, and any other form of Direct Marketing Communication may only be sent in circumstances where:

7.1 you have not made a request to us not to receive direct marketing communications; and

7.2 in each direct marketing communications with you, we draw your attention, or prominently display a notice, that you may express a wish not to receive any further direct marketing communications; and

7.3 in each written direct marketing communication by us with you we include our business address and telephone number and, if the communication with you is made by fax, telex or other electronic means, a number or address at which the organisation can be directly contacted electronically.

8. We will not charge you a fee for giving effect to a request by you to not receive our direct marketing communications.

9. We may disclose data to Toyo Tires dealers, suppliers and authorised third parties with whom we are regularly in contact, for the purpose of ensuring supply and performance of our products and services. In such circumstances, these parties are prohibited from using personal information about you except for the purpose for which that information is supplied. 

10. In the following circumstances, Toyo Tires reserves the right to disclose your personal information:

10.1 We have reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information are a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; or

10.2 the use or disclosure is required or authorised by or under law; or

10.3 the organisation reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body; or

10.4 the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or

10.5 the enforcement of laws relating to the confiscation of the proceeds of crime; or

10.6 the protection of the public revenue; or

10.7 the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or

10.8 the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal. 

Information Quality

11. We will take all reasonable steps to ensure that the personal information collected, used or disclosed is accurate, complete and up to date. 

Security

12. We will take all reasonable steps to protect personal information from misuse, loss and unauthorised modification or disclosure. Any personal information will be securely held on paper or in electronic format, which will only be made available to our employees and authorised partners. We will take reasonable steps to destroy or de-identify personal information if it is not needed for any purpose for which the information may be used or disclosed under our privacy policy.

Openness

13. The relevant information regarding our privacy policy is contained in this document and can be found on our website at www.toyotires.com.au

Access & Correction

14. If you required further information regarding the management of your personal information or if you wish to lodge a request for personal information, or to correct information we hold about you, please contact:

The Privacy Officer
Toyo Tyre & Rubber Australia Limited
Address: Level 2 137 -1 47 Airds Road, Minto NSW 2566.
Email:PSharma@toyo.com.au

15. In relation to personal information requests, we undertake to respond as soon as practicable after we are advised of the request, subject to the validity of the request being confirmed.

16. We reserve the right to refuse an individual with access to information on request in circumstances where:-

16.1 in the case of personal information other than health information ''providing access would pose a serious and imminent threat to the life or health of any individual; or 

16.2 providing access would have an unreasonable impact upon the privacy of other individuals; or

16.3 the request for access is frivolous or vexatious; or

16.4 the information relates to existing or anticipated legal proceedings between Toyo Tires and the individual, and the information would not be accessible by the process of discovery in those proceedings; or 

16.5 providing access would reveal the intentions of Toyo Tires in relation to negotiations with the individual in such a way as to prejudice those negotiations; or 

16.6 providing access would be unlawful; or

16.7 denying access is required or authorised by or under law; or

16.8 providing access would be likely to prejudice an investigation of possible unlawful activity; or

16.9 providing access would be likely to prejudice:

16.9.1 the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or 

16.9.2 the enforcement of laws relating to the confiscation of the proceeds of crime; or

16.9.3 the protection of the public revenue; or

16.9.4 the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or

16.9.5 the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders by or on behalf of an enforcement body; or

16.10 an enforcement body performing a lawful security function asks Toyo Tires not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia. 

16.11 However, where providing access would reveal evaluative information generated within Toyo Tires in connection with a commercially sensitive decision-making process, the organisation may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

Identifiers

17. Identifiers are unique numbers that government agencies use to identify you, such as a driver’s licence number or tax file number. We will not under any circumstances assign any such identifiers to identify you.

Anonymity

18. The provision of personal information is always voluntary and may be made anonymously, however in some circumstances you may not be eligible for our products and services unless sufficient personal information is provided to enable identification of you.

Transborder Data Flows

19. We will not provide your information to a third party in a foreign country unless:-

19.1 we consider the recipient third party in that country is subject to law, binding schemes or contracts which are substantially comparable to National Privacy Principals in Australia, and such disclosure is permitted by this policy; or

19.2 you have consented to that disclosure; or

19.3 the transfer is necessary for the performance of a contract between you and us, or for the implementation of contractual measures in response to your request; or

19.4 if the disclosure is necessary for the conclusion or performance of a transaction between Toyo Tyres and a third party which is in your interest; or

19.5 if all of the following apply:-

19.5.1 the transfer is for your benefit; and

19.5.2 it is impractical to obtain your consent to that transfer; and

19.5.3 if it were practical to obtain such consent you would likely have given it; or

19.6 we will take all reasonable steps to ensure that the information transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.

Sensitive Information

20. We will not collect sensitive personal information about you such as your religion, ethnicity or health history unless you have expressly consented to the provision of such information, or otherwise the collection of such information is required by law.

Online Privacy Issues

21. When you visit the Toyo Tires & Rubber website, our internet service provider makes a record of the visits and logs the following information for statistical purposes - the user’s server address, the user’s top-level domain name, the date and time of visit to the site, the pages accessed and documents downloaded, the previous site visited and the type of browser used. No attempt will be made by Toyo Tires to identify users or their browsing activities. 
22. We may use ‘cookies’ to enhance the functionality of the website, and ascertain product preferences, however, cookies are not used to record any personal information. 
23. We may collect personal information if you send us a message or submit a request for further information regarding one of our products or services.