(incorporating Credit Reporting Policy)
under the Privacy Act 1988
Effective 12 March 2014
This policy also sets out how we deal with your information if you (or an entity you are associated with) applies for or are extended credit with us or if we are acting as or as an agent of a credit provider(“Credit Information”).
The kinds of personal information that we collect and hold
Personal information is defined in the Act to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information is true or not and whether the information or opinion is recorded in a material form or not.
Examples of personal information that we collect and hold include your:
· Email address;
· Telephone number;
· Date of birth;
· Bank account details;
· Employment details;
· Australian Business Number;
· Drivers Licence Number; and
· Drivers Licence State.
Most personal information we collect from you is solicited information. This means we have intentionally collected it from you. Sometimes we may collect unsolicited information, which is personal information we have unintentionally received.
This is not a common occurrence for us. If it happens, we will determine if we could have collected it from you as solicited information. If we determine that we could not have collected it as solicited information, we will destroy the information or ensure that it is de-identified. De-identification involves removing or altering information that identifies you or is reasonably likely to do so. This would include, for example, removing your name and address.
We may also collect the following kinds of Credit Information if you ask us to or we afford you credit or when we are acting as or as an agent of a credit provider:
- details of consumer credit or commercial credit (including the name of each relevant credit provider) that you have applied for, the type and amount of that credit and the fact that a credit provider, mortgage insurer or trade insurer has sought information about you from a credit reporting body in relation to an application;
- consumer credit liability information, being details of consumer credit that you have or had including the credit provider, the type of consumer credit, the day on which it was entered into, terms or conditions that relate to the repayment of the amount of consumer credit, the maximum amount of credit available and the day on which the consumer credit is terminated or otherwise ceases;
- repayment history information, which includes whether in relation to your consumer credit facilities you have made payments when due and, if not, when overdue payments have been made;
- default information;
- salary details;
- payment information, which includes details of the date on which you have paid overdue amounts that were previously recorded as default information with a credit reporting body;
- whether in our or another credit provider’s opinion you have committed a serious credit infringement;
- court proceedings information, which includes information about a judgement against you in proceedings that relate to any credit that has been provided to, or applied for, by you;
- personal insolvency information;
- certain publicly available information;
- scores, ratings, summaries, evaluations and other information relating to your credit worthiness which is derived by us or by credit reporting bodies wholly or partly on the basis of the information above;
- certain administrative information relating to credit, such as account and customer numbers.
Statement of Notifiable Matters
This applies if we collect information about you (or an entity you are associated with) to provide you with credit or consider your suitability as a guarantor or we are acting as or as an agent of a credit provider.
You should be aware that:
· we may collect information about you and refer it to a credit reporting body where the Act permits us to do so;
· the credit reporting body may include the information in reports provided to credit providers to assist them to assess your individual credit worthiness;
· if you fail to meet your payment obligations in relation to consumer credit or you commit a serious credit infringement, we can disclose this to a credit reporting body;
· you can obtain a copy of the credit reporting bodies’ policy about the management of credit related personal information at the following websites:
· you have the right to access your information, correct it and make a complaint (the processes for this are detailed later in this policy);
· you have a right to request a credit reporting body not to use their credit reporting information for the purposes of pre-screening of direct marketing by us;
· you have the right to request a credit reporting body not to use or disclose credit reporting information about you if you believe on reasonable grounds that you have been or a likely to be a victim of fraud.
The above points are called ‘notifiable matters’ and are provided in accordance with the CR Code.
How we collect and hold personal information
We collect personal information from you in a number of ways, including:
· Directly from you, such as;
- when you fill out application forms;
- when you speak to us and we make a note of your information;
- over the phone;
- from e-mails you send us;
- from our web site;
- from digital and electronic communications with us (for example, SMS or social media); and
- when you fill out entry forms and other documents for any competitions, promotions or prizes that we may run from time to time.
· People you authorise us to contact (e.g. trade references)
· From people acting on your behalf;
· From third parties (where permitted by law);
· From credit reporting bodies; and
· From credit providers.
We collect your information only by lawful and fair means.
We will only collect personal information directly from you unless it is impracticable to do so.
If we do not collect your personal information, we will be unable to provide the goods or services or both that you request.
In some instances, you may deal with us on an anonymous basis or using a pseudonym (alias). For example, you can do this if you wish to discuss the features of a product we sell. However, you cannot do this where it is impracticable. For example, if you request a quote for a product we sell, it may be necessary for us to collect personal information to prepare and finalise a quote.
We will hold your personal information in a physical form (such as a paper file) in electronic form (such as on a computer database) or a combination of both physical and electronic form.
The purposes for which we collect, hold, use and disclose personal information
We collect, hold, use and disclose your personal information to:
· Provide you with goods or services or both;
· Verify your identity;
· Administer and manage the goods and services we provide to you, to charge and bill you for them and to collect any amount you may owe us;
· Internal management affairs of our business;
· To consider whether to provide you, or an entity associated with you, with credit;
· To consider whether to accept you as a guarantor;
· Internal management purposes directly related to considering an application or credit or whether you should be accepted as a guarantor.
· To respond to your enquiries; and
· As authorised or required to by law.
We may engage external service providers and other entities to undertake tasks such as market research, processing payments, collecting accounts, assisting with promotions and providing technical services. These entities may have access to your personal information. They will only use your personal information for the purposes of performing their specific function.
We may also disclose your personal information to our related body corporates.
In the event that we sell all or a part of our business to another party, that sale may include the transfer of your personal information.
We may also use your personal information for the purposes of marketing and providing you with promotional material. If you do not want us to use your personal information for this purpose, you may tell us at the “contact us” details below.
How you may access and correct your personal information that is held by us and how you may make a complaint
* Accessing your personal information *
If we hold personal information about you, we must, on your request, give you access to the personal information.
However, there are some circumstances where we are not required to provide you with your personal information even if you ask us to. These circumstances include:
· Where giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
· Where giving access would have an unreasonable impact on the privacy of other individuals;
· Where the request for access is frivolous or vexatious;
· Where the information relates to existing or anticipated legal proceedings between us and you and would not be accessible by the process of discovery in those legal proceedings;
· Where giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
· Where the giving of access would be unlawful;
· Where denying you access is required or authorised by or under an Australian law or a court or a tribunal;
· Where we have reason to suspect that unlawful activity or misconduct of a serious nature that relates to our functions or activities has been engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to that matter;
· Where giving access would be likely to prejudice one or more enforcement related activities conduct by or on behalf of an enforcement body; and
· Where giving access would reveal evaluative information generated by us in connection with a commercially sensitive decision making process.
You may request access to your personal information under the heading “contact us” below.
We will need to validate the identity of anyone making an access request, to ensure that we do not provide your information to anyone who does not have the right to that information.
We will usually provide you with access within 30 days of a request but in some circumstances it may take longer.
In accordance with the Act we may charge you for giving access to your personal information however the charge will not be excessive and will not apply to the making of the request.
* Correction – By us *
If we are satisfied that the personal information or Credit Information we have is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct it.
* Correction – By You *
If you believe that your personal information or Credit Information that we hold is inaccurate, out of date, incomplete, irrelevant or misleading, you may request us to correct it. You can contact us at the details under the “contact us”.
We will normally resolve correction requests within 30 days of your making a request.
If we need more time to resolve your request we will notify you as to the delay, the reasons for it and seek your written agreement to a longer period.
In respect of Credit Information, if we consider it necessary in order to deal with your request, we may consult with a credit reporting body or another credit provider.
* Complaint *
We are committed to maintaining your privacy in accordance with Australia’s laws. If you wish to make a privacy complaint, you may do so at the details under the heading “contact us”.
If your complaint is in respect of your Credit Information, then the following applies.
- You will receive an acknowledgment of your complaint within 7 days after we receive it.
- We will investigate all complaints and aim to resolve them within 30 days.
- If we cannot resolve your complaint within this period we will notify you as to the reasons why, specify a date when we expect a resolution and seek your agreement to extend this 30 day period.
- If we consider it necessary in order to deal with your complaint, we may consult with a credit reporting body or another credit provider. If, while the complaint remains unresolved, we are disclosing information subject to the complaint to a third party, we may advise the third party about the complaint.
- You may also complain to the Privacy Commissioner.
- Depending on the nature of the complaint, sometimes we will be required to notify a credit reporting body or credit provider of the making of the complaint and our decision.
We take reasonable steps to protect your information from misuse, interference and loss and from unauthorised access, modification or disclosure.
Websites and Privacy
Cookies allow website operators to assign a unique identity to a computer, which can be used to associated requests made to the website by that computer. Cookies indicate to a website that a computer has been there before and can be used to record things such as what parts of a website or other websites have been visited from that computer.
· To allocate an identification number to your internet browser (you cannot be identified from this number);
· To determine if you have previously visited the website;
· To track and report on website and online campaign performance;
· To identify other pages or third party’s websites you have accessed; and
· For security purposes.
Our websites may use flash cookies for the purpose of fraud detection and investigation. These cookies do not store identifiable information and are not used for marketing or tracking of individuals.
If cookies are of concern they can be turned off.
If you do configure your computer so that you do not receive cookies, some of the functionality of our websites may not be available.
Disclosure of personal information to overseas recipients
We do not disclose your information overseas.
* Post *
The General Manager
PO Box 10088
Adelaide BC SA 5000
* Fax *
08 8152 5005
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