1. Who we are

N G P Toorak Pty Ltd t/a Mercedes-Benz Toorak (ABN 71 608 590 361) (“Mercedes-Benz Toorak”, “we”, “our”, “us”) are committed to protecting your privacy and respect and uphold your rights under the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (“Privacy Act”). By using this website or providing us with your personal information, you agree to and consent to the collection, use, holding and disclosure of personal information by Mercedes-Benz Toorak as set out in this policy.

2. Personal information

Personal information is information or an opinion about an individual whose identity is apparent, or can be reasonably ascertained, from that information or opinion. Personal information we may collect from you includes, without limitation, your name, address, email address, telephone number(s) and date of birth. Personal information also includes credit information. Credit information is personal information or an opinion about you that has a bearing on credit that has been provided to you or that you have applied for. Credit information includes information about credit that was applied for or provided to you for domestic, household, personal or other investment purposes as well as information about you where you are a guarantor of a loan.

3. Collection

Mercedes-Benz Toorak will collect personal information only by lawful and fair means and not in an unreasonably intrusive way. If it is reasonable and practical to do so, Mercedes-Benz Toorak will only collect personal information about you directly from you. Mercedes-Benz Toorak may collect your personal information from reputable third party lead generation sources for marketing purposes, but only where you have consented to the disclosure of your information to Mercedes-Benz Toorak and for Mercedes-Benz Toorak to send you marketing communications. Mercedes-Benz Toorak will not collect personal information unless the information is reasonably necessary for our functions and activities.

Personal information may be collected by Mercedes-Benz Toorak in a number of circumstances, including when you:

  • make an enquiry with us via email or telephone;
  • visit our websites;
  • lodge an enquiry or application in relation to any Mercedes-Benz Toorak products or services; or
  • apply for employment with Mercedes-Benz Toorak.

Mercedes-Benz Toorak may enter into arrangements with third parties (including third parties with whom Mercedes-Benz Toorak has partnered to provide you with its various products or services using the Mercedes-Benz Toorak brand) to collect your personal information in circumstances where the third party notifies you, at the time of collection, that your personal information will be provided to Mercedes-Benz Toorak.

If you use a pseudonym when dealing with us or you do not provide identifiable information Mercedes-Benz Toorak may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our website do not sign into it or provide any information that might identify you.

Mercedes-Benz Toorak requires individuals to provide accurate, up-to-date and complete personal information at the time it is collected.

4. What does Mercedes-Benz Toorak do with your personal information?

In addition to any purpose notified to you at the time of collection Mercedes-Benz Toorak uses your personal information for the purpose for which it has been provided, for reasonably related secondary purposes and for the purposes of:

  • providing our products and services to you;
  • providing Mercedes-Benz Toorak branded products and services that are provided by our third party partners;
  • our internal management needs;
  • our marketing activities, including marketing activities relating to Mercedes-Benz Toorak branded products and services that are provided by our third party partners;
  • responding to any inquiries or comments that you submit to us;
  • any other purpose you have consented to; and
  • any use which is required or authorised by law.

5. Disclosure of personal information

Mercedes-Benz Toorak may disclose your personal information:

  • to third-parties we ordinarily engage for the above purposes;
  • organisations that provide products or services used or marketed by Mercedes-Benz Toorak;
  • any person or entity to whom you have consented to Mercedes-Benz Toorak disclosing your personal information to; and
  • any person or entity to whom we are required or authorised to disclose your personal information to in accordance with the law.

6. Access and Management

You may request access to your personal information in our customer account database, or seek correction of it, by contacting our customer service team. See section 8: Contact information.

If you believe that Mercedes-Benz Toorak holds personal information about you in our customer account database that is not accurate, complete, up-to-date, relevant or information that is misleading then you may request its amendment and Mercedes-Benz Toorak will respond to your request within a reasonable time. Mercedes-Benz Toorak will not charge you for correcting your personal information.

If Mercedes-Benz Toorak no longer needs your personal information for any the purposes set out in this policy, or as otherwise required by law, Mercedes-Benz Toorak will take such steps as are reasonable in the circumstances to destroy the information or to de-identify it.

Mercedes-Benz Toorak will take reasonable steps to protect the personal information it holds from misuse, interference and loss and from unauthorised access, modification or disclosure.

7. Opting Out / Unsubscribe

At any time you may opt out of receiving marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your personal information as detailed above, will continue. Each of our marketing emails will have an unsubscribe function which will allow you to unsubscribe from all future marketing communications. All of our marketing SMS messages will also contain an unsubscribe feature. Outside of these channels, you can opt out from receiving marketing communications at any time by emailing enquiry@mbtoorak.com.au.

8. Cross-border disclosure

Mercedes-Benz Toorak may disclose your personal information to recipients overseas to assist Mercedes-Benz Toorak in providing you with products or services.

Mercedes-Benz Toorak will take such steps as are reasonable in the circumstances to ensure that the information that is transferred to third parties located outside of Australia will not be held, used or disclosed by the recipient of the information in a manner that is inconsistent with the Australian Privacy Principles.

9. Contact information

If you require further information regarding this policy or wish to make a complaint about a breach of the APPs by Mercedes-Benz Toorak, please contact our Customer Relations Officer, by phone: 03 8825 5000, by email: enquiry@mbtoorak.com.au, or by post 11 Carters Avenue, Toorak VIC 3142. A senior member of staff will review your complaint within 5 business days and respond to you in writing advising what action(s) Mercedes-Benz Toorak will take as a result of your complaint.

10. Mercedes-Benz Toorak website

When transmitting personal information from your computer to a Mercedes-Benz Toorak website or to a Mercedes-Benz Toorak branded website operated by one of our third party partners, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, Mercedes-Benz Toorak will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.

Mercedes-Benz Toorak operated websites and Mercedes-Benz Toorak branded websites operated by our third party partners may use “cookies” to help personalise your online experience and save you time across the Mercedes-Benz Toorak websites. You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Mercedes-Benz Toorak websites. Some Mercedes-Benz Toorak websites are operated and maintained by third parties to whom Mercedes-Benz Toorak has partnered with to provide you with their products and services under the Mercedes-Benz Toorak brand. These websites will be subject to the website terms and conditions of the third party partner who operates the website, and any transactions you conduct on these websites will be between you and the third party partner.

11. Miscellaneous

Mercedes-Benz Toorak reserves the right to modify this Privacy Policy in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended Privacy Policy on the Mercedes-Benz Toorak website.

12. Privacy Collection Statement

Your personal information is being collected by N G P Toorak Pty Ltd t/a Mercedes-Benz Toorak (ABN 71 608 590 361), 11 Carters Avenue, Toorak VIC 3142. We value your privacy and we collect your personal information by lawful means in accordance with the Australian Privacy Principles (“APPs”) and our Privacy Policy.

13. Future Communication

Mercedes-Benz Toorak collects your personal information for the primary purpose of responding to your enquiry. If you consent to receiving marketing material from us, you will receive it via the channel you specified.  You may change your communication channel preferences (such as email, SMS/MMS/IM, direct mail, or phone) or totally unsubscribe at any time by contacting the Customer Relations Officer, by phone: 03 8825 5000, by email: enquiry@mbtoorak.com.au, or by 11 Carters Avenue, Toorak VIC 3142. Mercedes-Benz Toorak will generally use and disclose your personal information to its employees, related companies and Mercedes-Benz Australia/Pacific Pty Ltd, and/or third party service providers acting on our behalf.  Some of the recipients of your personal information may be based overseas, including but not limited to Germany, the United States, Netherlands, Spain and Singapore.

Our Privacy Policy contains information about how you can access the personal information that we hold about you and how you can seek to correct it.

Our Privacy Policy also contains information about how you may complain if you believe that we have breached the APPs and how we deal with complaints.