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REPLICAT PRIVACY & CREDIT REPORTING POLICY
The following document forms the Privacy Policy and Credit Reporting Policy (the Policy) for Replicat Pty Ltd (“we”, “us”, “Replicat”).
Replicat committed to the protection of your personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act) and the “Credit Reporting Privacy Code” (the CR Code), which governs credit reporting in Australia. This Policy sets out how we collect, use, manage and store personal information, credit information and credit eligibility information.
1. What personal information we collect
"Personal information" refers to information that can reasonably be used to identify a specific person.
Personal information we may collect or hold may include your name, address, email address, telephone or mobile phone number, banking details, driver's licence number and any other personal information you or a person ostensibly authorised by you submit to us, as well any other information that we consider is necessary to perform our functions and activities.
2. How we collect personal information
We collect personal information in a number of ways, including:
(a) where you provide information directly to us, including on a hard copy form, email, by web form or telephone;
(b) where you interact directly with our employees and such other persons acting for us or on our behalf, such as our customer service team, including from electronic queries sent to us;
(c) from third parties, such as our service providers;
(d) through referrals from individuals or other entities;
(e) through marketing and business development events;
(f) where you provide feedback to us; and
(g) from publicly available sources of information.
We do not generally collect sensitive information about individuals. Where we collect, use and disclose sensitive information about you, we will only do so where it is reasonably necessary to conduct our business and either we have obtained your consent or it is permitted by law.
If you do not wish for your personal information to be collected in a way anticipated by our Policy, we will use reasonable endeavours to accommodate your request. If we do comply with your request, or you provide us with inaccurate or incorrect information, we may not have sufficient information to conduct our business and we may be limited:
(a) in our ability to keep you informed of company updates and services information;
(b) in our ability to properly conduct our operations;
(c) in considering your application for employment with us; and
(d) in our ability to respond to your inquiry or request.
In limited circumstances, it may be possible for you to use a pseudonym or remain anonymous when initially dealing with us. If you wish to use a pseudonym or remain anonymous you should notify us when making first enquiries. We will use our best endeavours to deal with your request, subject to our ability to provide you with the requested services without using your name.
3. Use and disclosure of personal information
We collect, use and disclose credit and personal information for the primary purpose of conducting our business, which includes:
(a) providing and managing the delivery of our products and services;
(b) responding to an inquiry or request; and
(c) compiling and maintaining mailing lists and communicating with persons on those lists.
In conducting our operations, we may share some of your personal information with third parties such as outsourced service providers and contractors. Unless you have agreed, these parties are not allowed to use your personal information for any other purpose except to assist in conducting our business. In particular, we may disclose your personal information to third party technology providers, our service providers and any other third parties incidental to us carrying out our functions.
We may use or disclose information for other purposes, doing something that one would reasonably expect us to do using the information, assessing a person’s application for employment with us and otherwise where you provide your consent, whether express or implied or where otherwise required by law.
4. What credit information we collect
"Credit Information" refers to certain information relating to an individual's credit-related dealings with us, and "credit eligibility information" refers to certain information related to an individual's credit-related dealings with other credit providers (as provided by credit reporting bodies). Credit information will only be collected where you are making an application for credit facilities with us.
Credit information we may collect or hold may include the above personal information, as well as employer, position held, income, consumer credit liability information, repayment history information, information request statements from credit providers, mortgage insurers or trade insurers, default information, payment information, new credit arrangement information, court proceedings information, personal insolvency information and other publicly available information related to your credit-worthiness.
5. How we collect credit information
We may collect credit information from individuals including a director of a company or partner of a partnership, or anyone else listed on an application form submitted to us for credit (Credit Application Form) from whom we have received consent.
We may collect credit information from individuals, where lawfully permitted to do so, in various ways including:
(a) collecting information submitted to us on a Credit Application Form;
(b) from a credit reporting body; and
(c) from another credit provider.
We may also collect credit reporting information from a credit reporting body.
6. Use and disclosure of credit information
We may also collect, use or disclose credit information for the primary purpose of conducting our business, which includes:
(a) assessing any application for a credit arrangement;
(b) establishing and maintaining customer accounts and managing such relationships;
(c) dealing with the management, recovery, securitisation and assignment of debts;
(d) to provide information to debt collection agencies for the purpose of recovering debts; and
(e) assessing credit defaults reported by any credit reporting body or a debt collection agency.
To enable us to assess a an applicant for a credit arrangement in a Credit Application Form, we may, where you have given consent:
(a) obtain from a credit reporting body a credit report containing personal information about the individual listed on the Credit Application Form, pursuant to section 21H of the Privacy Act; and
(b) obtain a report from a creditor reporting body and other information in relation to the commercial credit activities of all individuals listed on the Credit Application Form.
In accordance with section 21J of the Privacy Act, we may, where you have given consent, give to, and obtain from, any credit provider named in the Credit Application Form and credit providers that may be named in a credit report issued by a credit reporting body, information about your credit arrangements. Credit reporting information can be used for the purposes of assessing an application for credit, assisting the applicant to avoid defaulting on its credit obligations, notifying other credit providers of a default by it, assessing credit worthiness or assessing whether we ought to accept an application for credit and for internal management.
We may also disclose personal information to credit reporting bodies in relation to credit-relating dealings, for example where you have failed to meet payment obligations or commit a serious credit infringement. We may disclose credit information to the following credit reporting bodies:
|
Veda Advantage |
Dun and Bradstreet |
Experian Australia |
|
Customer Relations |
Attn: Public Access Centre |
Attn: Credit Report |
|
PO Box 964 |
PO Box 7405 |
PO Box 1969 |
|
1300 762 207 |
1300 734 806 |
1300 783 684 |
Each of these credit reporting bodies is required to have a policy about how it manages credit-related personal information. These policies can be accessed on each credit reporting body’s website or by contacting them directly.
An individual has the right to request a credit reporting body not to use his or her credit reporting information for pre-screening direct marketing requested by a credit provider. This request should be made directly to the credit reporting body.
7. Overseas disclosure
From time to time, we may disclose your personal information to overseas recipients, such as third party contractors or manufacturers, if it is necessary to provide our services.
We take reasonable steps to ensure that the receiving party provides commitments to privacy and confidentiality as required of us under the Australian Privacy Principles.
8. Storage and security of personal information
Where we hold your personal information and credit information (including any credit eligibility information), we will take reasonable steps to ensure that the information is secure and may only be accessed by authorised persons. Although we take all reasonable measures, we are not responsible for third party circumvention of security measures on our electronic databases or at any of our premises. Please note that third party recipients of personal information may have their own privacy policies and we are not responsible for their actions, including their handling of personal information.
Where Replicat receives credit eligibility information, it will store and maintain records of that information in accordance with the Privacy Act and the CR Code.
If any personal information that we hold is no longer required for the purpose for which it was collected and no applicable law requires us to retain that information, we will take reasonable steps to de-identify or destroy the information.
9. Access and correction of personal information
We will use reasonable steps to ensure the personal information we hold is complete, up to date and accurate, so far as it is practicable for us to do so. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
You may request access to the personal information we hold about you by contacting us with the details set out at the end of this Policy. Additionally, Part IIIA of the Privacy Act allows individuals to obtain confirmation of whether or not we hold credit eligibility information about them, as well as gain access to, or correct, the personal information we hold in certain circumstances. We may impose a reasonable charge for providing access to credit information.
If personal information we hold about you is incorrect, we will, on your request to correct it or where we are satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading, take such steps as are reasonable in the circumstances to ensure that the information is corrected. If we refuse to do so, we will, to the extent reasonable, provide you a written response as to our reasons.
10. Direct marketing
From time to time, we may use your personal information for direct marketing purposes (for an indefinite period). This includes sending you updates about new investment opportunities. When we contact you, it may be by mail, telephone, email or SMS. Where we use or disclose your personal information for the purpose of direct marketing, we will:
(a) allow you to ‘opt out’ or in other words, allow you to request not to receive direct marketing communications; and
(b) comply with a request by you to ‘opt-out’ of receiving further communications within a reasonable time frame.
You may ask to be removed from our marketing lists at any time by directly contacting us. If you don't wish to receive direct marketing materials, please contact us using the details set out at the end of this Policy.
11. Terminology
In this Policy:
credit information, has the meaning given in the Privacy Act, which relates to an individual's credit-related dealings with us;
credit eligibility information, has the meaning given in the Privacy Act, which relates to an individual's credit-related dealings with other credit providers, including: (a) credit reporting information, which has the meaning given in the Privacy Act, provided by credit reporting bodies; and (b) credit worthiness information which we derive from credit reporting information.
personal information means any information or opinion about a natural person (whether or not true) which is reasonably identifiable (and may include, as applicable, credit information, credit eligibility information, credit reporting information, credit worthiness information and sensitive information);
sensitive information means (without limitation) information about an individual’s race, political opinions, religious beliefs, philosophical beliefs, membership of a trade union, sexual preference, criminal record, or health, genetic or biometric information; and
“you” and “your” means a natural person whose personal information we have knowingly collected.
12. How to contact us
Should you have other questions or concerns about these privacy policies, please call us at +61 3 8456 7515 or send us an email at scott@replicat.com.au
13. Changes to this policy
We may change this Policy at any time. If we make changes to this Policy we will notify you by publication on our Website. The revised version of the Policy will be effective at the time we post it.