LAST UPDATED – 30 DECEMBER 2014

Clark Rubber Franchising Pty Ltd ("Clark Rubber") and its retail store franchisees ("we", "us", "our") are bound by the Privacy Act 1988 (Cth).

This policy sets out how we collect, store and use your commercial credit information and commercial credit eligibility information ("Commercial Credit Related Personal Information") about you.  Commercial Credit Related Personal Information includes information about you we collect from commercial credit applications made by you or an organisation you are related to (your organisation), credit accounts we hold and credit reports that we obtain from credit reporting bodies ("CRBs"). 

This policy applies in addition to the Clark Rubber Privacy Policy. We recommend that you read this Commercial Credit Reporting Policy in conjunction with Clark Rubber's Privacy Policy which can be accessed on our website: http://www.clarkrubber.com.au/privacy.html.  This policy applies to current, former and prospective credit customers of Clark Rubber.

1. COMMERCIAL CREDIT RELATED PERSONAL INFORMATION

Commercial credit related personal information we collect and hold may include the following types of information about individuals:

• identification information about you including your current and prior names and addresses, any known alias you may have, your date of birth, your current or last known employer and your driver’s licence number;
• a statement that an information request has been made about the individual in relation to commercial credit;
• the type of commercial credit and the amount of commercial credit sought in an application;
• default information (and where a default has been remedied, payment information or new arrangement information);
• court proceedings information;
• personal insolvency information;
• certain administrative information relating to credit, such as account and customer numbers.
• commercial credit reporting information we receive from a CRB including business credit scores and ratings; and
• information that we derive from the commercial credit reporting information we receive from CRBs.

2. HOW CREDIT RELATED PERSONAL INFORMATION IS COLLECTED AND HELD

If you or your organisation applies for or currently has a commercial credit account with us, we may obtain a commercial credit report about you or your organisation.  We currently do not obtain credit reports about our customers where we provide credit for a non-commercial (ie consumer) purpose.  Commercial credit reports we obtain about your organisation may incidentally contain commercial credit related personal information about you.

This Commercial Credit Reporting Policy applies to commercial credit related personal information we collect about individuals from:

• an individual directly (for example, through an application form, via telephone, in person or from any relevant accounts held with us);
• commercial credit reports we obtain from CRBs; and
• publicly available sources of information.

We or service providers on our behalf, may hold your Credit Related Personal information in computer systems in electronic form and digital records and/or in paper files.

3. THE PURPOSES FOR WHICH INFORMATION IS COLLECTED AND USED

Clark Rubber may collect, hold, use and disclose commercial credit related personal information as reasonably necessary for our business purposes and as permitted by law.

Clark Rubber collects, holds, uses and discloses commercial credit related personal information for the purposes of:

• assessing applications for commercial credit;
• establishing and managing the relationship with you;
• exercising our rights and obligations;
• performing any administrative operations; and
• collecting payments.

Clark Rubber may not be able to provide its products, or a commercial credit account, without collecting the required information.

4. DISCLOSURE OF COMMERCIAL CREDIT RELATED PERSONAL INFORMATION TO OTHER ENTITIES

Clark Rubber may also exchange commercial credit related personal information about you with other credit providers set out in your organisation's application form or in reports provided by a CRB.  Clark Rubber may exchange that information for the purposes of:

• assessing an application for commercial credit and collecting overdue payments;
• notifying other credit providers of a default by you or your organisation;
• ascertaining the status of credit provided to you or your organisation by Clark Rubber where you are in default with other credit providers; and
• assessing your, or your organisation's, credit worthiness, credit standing or credit capacity. 

Clark Rubber may, as permitted by law, disclose your commercial credit related personal information to other third parties, including our related companies, organisations that perform credit processing functions, management and debt collection activities on our behalf; and organisations involved in debt assignment.

5. EXCHANGE OF PERSONAL AND CREDIT INFORMATION WITH CRBS

Clark Rubber may collect, use or disclose commercial credit related personal information about you it collects from a CRB for the purposes of:

• assessing applications for commercial credit or managing you or your organisation's account;
• collecting overdue payments relating to commercial credit;
• reporting details of any fraud or other serious credit infringement; or
• any other activity permitted under the Privacy Act.

Clark Rubber uses the credit reporting services provided by Dun and Bradstreet.  Dun and Bradstreet may include the information provided by credit providers in reports to assist in the assessment of credit worthiness.  Dun and Bradstreet may use the credit reporting information it holds about you for "pre-screening" for direct marketing. You have the right to request Dun and Bradstreet not to use the credit reporting information for pre-screening purposes, and not to use or disclose the information if they believe on reasonable grounds that you have been or are likely to be a victim of fraud.  Please refer to Dun and Bradstreet's credit reporting policy for details on its management of credit reporting information. 

A copy of Dun and Bradstreet's Credit Reporting Policy can be obtained by contacting Dun and Bradstreet on +61 3 9828 3333 (telephone) or clientservices@dnb.com.au  (email). 

6. HOW YOU MAY ACCESS YOUR INFORMATION AND SEEK ITS CORRECTION

You are generally entitled under the Privacy Act to access the information Clark Rubber holds about you (in a manner you request, if this is reasonable and practicable). You may contact the Privacy Officer using the details below.

If Clark Rubber cannot provide access to your information, it will provide you with reasons why. Depending on the nature of the request, Clark Rubber may charge for providing access to this information, however such a charge will not be excessive.

If the information Clark Rubber holds about you is inaccurate, incomplete or not up to date you may request that Clark Rubber corrects the information by contacting our Privacy Officer:

• by email: privacy_officer@clarkrubber.com.au
• by telephone: 03 8727 9999
• by post:   Attention: Privacy Officer

Clark Rubber Franchising Pty Ltd

Administration Building

1/6 Elizabeth St

Hawthorn VIC 3122

7. HOW TO MAKE A COMPLAINT AND HOW COMPLAINTS WILL BE HANDLED

If you believe that we have not complied with our obligations under Part IIIA of the Privacy Act or the Credit Reporting Privacy Code, you have a right to complain. Please contact our privacy officer - details listed above in item 6.

It is Clark Rubber's policy to handle complaints in a timely, effective, fair and consistent manner. On making a privacy complaint to Clark Rubber, you will receive an acknowledgment letter or email within 7 days. Clark Rubber endeavours to make a decision on all complaints within 30 days after a complaint is received. If we need more time to resolve your complaint we will notify you as to the delay, the reasons for it and seek your agreement to a longer period.  For example, in some circumstances we may need to consult with another party such as a CRB or another credit provider in order to deal with your complaint.

Last updated: 30 December 2014