ECT Finance Limited (ACN 619 944 099) understands that your privacy is important to you. That is why protecting your information and being clear about what we do with it is an important priority to us. We are bound by the Privacy Act 1988 (Cth) and will protect your personal information in accordance with the Australian Privacy Principles.
This policy outlines the kinds of information we collect, how we collect your information and how we use your information.
In this policy
- ‘personal information’ means any information or any opinion, whether true or not and whether recorded in a material form or not, from which an individual’s identity is apparent, or can reasonably be ascertained;
- ‘credit information’ means personal information such as identification information of an individual, details of any past or present consumer and commercial credit arrangements an individual may have with a credit provider, an individual’s repayment history, default information about the individual, information about adverse court judgements, personal insolvency records and publicly-available information about an individual’s credit worthiness, information derived by credit reporting bodies (such as credit scores, ratings and assessments), whether a serious credit infringement (eg. fraud) has been committed by the individual and other information about an individual’s credit eligibility;
- ‘sensitive information’ refers to information about a person’s racial or ethnic origin, political opinions or associations, religious beliefs or affiliations, philosophical beliefs, trade and professional memberships, sexual preferences or practices, criminal record or health, genetic or biometric information; and
- ‘APP’ refers to the Australian Privacy Principles.
What kinds of personal information do we collect and hold?
The kinds of personal information that we may collect include the following:
- your full name and contact details;
- information that can help us identify you, such as your date of birth, driver’s license number, passport details, tax file number and residential details;
- your financial information, including details of your employment, income, assets and liabilities;
- your marital status and the number of dependents you have;
- details of your shareholdings; and
- the fact that any consumer or commercial credit has been applied for and the amount and type of credit.
What kind of credit information do we collect and hold?
The kinds of credit information we collect may include:
- details of your current and previous credit providers;
- details of your credit arrangements such as your credit limit, the start/end dates of the credit; arrangements and the terms and conditions of the credit arrangements;
- your repayment history or your overdue payments, if any;
- information about adverse court judgments, personal insolvency records and publicly-available information related to your credit worthiness;
- whether you have committed a serious credit infringement (e.g. fraud); and
- your credit scores, ratings and assessments by credit reporting bodies.
In addition to the above, we may also collect information when you visit our website. You can find out more about the kind of information we collect under the ‘information collected via our website’ section of this policy.
How do we collect and hold your personal and credit information?
Unless it is unreasonable or impracticable, most of the information we collect will be directly from you or your authorised agent. We will collect your information:
- when we are contacted about our products or services, in person or over the telephone or internet;
- when we receive information from third parties where you have consented to, or otherwise have a reasonable expectation of, the disclosure of personal information by third parties to us;
- when you provide us with information (including by completing the Easy Lodge form);
- when we respond to an inquiry, where we consider personal details are required or appropriate to fulfil the query.
We may also collect personal and credit information about you from someone else, such as from a credit reporting body or another credit provider when we are assessing your credit application or collecting a debt you owe. In addition, we may collect information from a third party such as a company related to or contracted by us. Where we are required and at liberty to do so, we will use our best endeavours to seek your consent before obtaining your personal information from third parties.
How do we use your personal and credit information?
We may need to collect personal and credit information so we can:
- establish your identity and assess your eligibility for our products or services;
- assist you with the preparation of your loan application and your loan agreement with us;
- contact you, for example, when we need to tell you important information. This may include reminders of your obligations under an agreement with us;
- assist you with your questions or complaints;
- enforce any agreements and / or contracts you have with us (including enforcing a charge we have);
- subscribe for shares on your behalf;
- comply with our legal and regulatory requirements;
- register a charge pursuant to the Personal Property Securities Act 2009; and
- conduct our business activities in a professional and efficient manner.
If we are not provided with all the personal and credit information we request, we may be unable to respond to your inquiries or supply you with credit.
When we receive information we didn’t ask for
We may receive information about you when we have not requested it. If we think this information is needed, we’ll store it securely, just like the rest of your information. Otherwise, we’ll destroy that information as soon as practicable.
Collecting sensitive information
We typically do not collect sensitive information about you or others. Where we are required to and it is practicable to do so, we will seek your consent before collecting your sensitive information and inform you of the purpose of the collection at that time. Your consent to collection of your sensitive information may be implied in limited circumstances.
Disclosure of personal and credit information
Generally we only disclose your personal and credit information to third parties that help us with our business. These may include:
- a third party who is our agent, partner, stakeholder or contractor;
- debt collectors;
- our financial advisers, legal advisers or auditors;
- your representatives (including your legal adviser, administrator, trustee and accountant); and
- share registries in Australia.
We may also disclose your personal information to others where:
- we are required or authorised by law to do so;
- you have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; or
- we are otherwise permitted to disclose the information under the Privacy Act
Information collected via our website
Further, to ensure we are meeting the needs and requirements of our website users, and to develop our online services, we may collect data through the use of a data analytic program. We may use this program to track use of our website, and to compile statistics on visits to the site in an aggregated form and log anonymous information such as the postcode of a user’s server.
We may derive analytics through our use of Google Analytics, a service which transmits website traffic data to Google servers in the United States in an aggregated form and logs anonymous information including:
- the address of a user’s server;
- a user’s top level domain (such as .com or .au);
- the date and time of a user’s visit;
- the pages a user accessed or downloaded;
- the search engine a user used; and
- the type of browser that was used.
Google Analytics does not identify individual users or associate your IP address with any other data held by Google. ECT Finance will use reports provided by Google Analytics to help us understand website traffic and webpage usage. ECT Finance does not use this technology to access personal information (as that term is defined in the Act).
We will not use or disclose your personal or credit information for the purpose of advertising, promotions or direct marketing activities.
Updating or correcting your personal and credit information
We ask that you tell us of any changes to the personal and credit information we hold about you. You may notify us (our privacy officer’s contact details appear at the end of this policy) at any time to request that your personal or credit information is amended or updated. We will then take reasonable steps to correct the information in the manner requested.
If we consider that the personal and credit information we retain does not require amendment, we will annotate the request on our files.
How we store your personal and credit information
The protection of personal and credit information is a priority for us. Any hard copy documents and electronic client data are stored securely and access is limited to our staff and authorised representatives.
We are committed to maintaining:
- safeguards to protect personal information against unauthorised use, disclosure, access, interference, modification, destruction and accidental loss. All personal information we hold is dealt with in accordance with the APP;
- industry standards for the security and protection of information. Personal information is stored securely and access is restricted to authorised personnel only. Our computer systems require access passwords and these are kept secure by our personnel; and
- internal policies on management of personal information and staff training to ensure compliance with these policies. All our staff members are required to read this policy and understand their responsibilities regarding personal information.
Destruction of records
We will retain your personal and credit information only for as long as it is needed. When your personal information is no longer needed we will take reasonable steps to ensure that it is destroyed or permanently de-identified.
Access to your personal information
We will generally allow an individual access to any personal that we hold about them on request subject to any restrictions on access. We will provide you with access to your personal information in a manner requested by you, provided it is reasonable and practicable to do so. To request such access please contact us. Contact details for our Privacy Officer appear at the end of this policy.
Access to your credit information
Similar to accessing your personal information, we will provide you with access to credit information we hold about you in a manner requested by you, provided it is reasonable and practicable to do so. To request such access, please contact our Privacy Officer.
Restrictions on access to your personal information
We are entitled to restrict access to your personal information in accordance with the APP. You may not be allowed access to personal information we hold where access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process. Instead, we may give you an explanation for the decision, rather than direct access to the information.
If we have given you such an explanation and you believe that direct access to the evaluative information is necessary to provide a reasonable explanation of the reasons for the decision, we will, at your request, review the decision. Personnel other than the original decision-maker will conduct the review.
Wherever direct access by you is impractical or inappropriate, we should consider together whether the use of a mutually agreed intermediary would allow sufficient access to meet both our needs and concerns.
Other instances where it may not be appropriate to provide you with access to the personal information we hold, include where:
- providing access would pose a serious and imminent threat to the life or health of any individual;
- providing access would have an unreasonable impact upon the privacy of others;
- the request for access is frivolous or vexatious; or
- the information relates to an anticipated or existing legal dispute and disclosure would compromise our position or the position of others.
Restrictions on access to your credit information
We are entitled to deny you access to the credit information we hold about you where:
- giving access would be unlawful;
- denying access is required or authorised by or under an Australia law or a court/tribunal order; or
- giving access would likely prejudice an enforcements body’s ability to investigate or enforce a breach of the law.
Where we refuse access to the credit information we hold about you and where it is reasonable to do so, we will provide a written notice to you that sets out the reasons for the refusal.
Charges for access to personal or credit information
You will not incur charges for lodging a request to access personal or credit information. However, we may levy a reasonable charge for providing access to that information. We will provide an estimate of any charge on request, or if it appears to us that the work will be onerous or otherwise warrants a charge.
Transferring information overseas
We will not disclose or store overseas any personal or credit information you give us.
Changes to our policy
We may update or change this policy. When we do so, we will publish the current policy on our website. Please check our website to review this policy regularly.
Complaint resolution (personal and credit information)
We are committed to constantly reviewing our procedures so that your personal and credit information is treated appropriately.
If you feel that we have failed to deal with your personal and credit information in accordance with the APP or this policy, please speak to us so that we have an opportunity to resolve the issue to your satisfaction.
The person to contact is our Privacy Officer, whose contact details appear at the end of this policy. Our Privacy Officer will manage the complaint process for us by:
- listening to your concerns and grievances regarding our handling of personal information;
- discussing with you the ways in which we can remedy the situation; and
- putting in place an action plan to resolve your complaint and improve our information handling procedures (if appropriate).
If this process does not result in an outcome that is satisfactory to you, you may contact the Office of the Australian Information Commissioner’s Office. We will work together with the Information Commissioner’s Office to resolve the issues between us.
The contact details for the Office of the Australian Information Commissioner’s Office are as follows: Street address: Level 3, 175 Pitt Street, Sydney NSW 2000
Telephone: 1300 363 992 (for the cost of a local call anywhere in Australia)
TTY: 133 677 followed by 1300 363 992 Post: GPO Box 5218, Sydney NSW 2001 Facsimile: +61 2 9284 9666
Further information about privacy and your rights can be obtained at the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
If you wish to access any personal information that we hold about you, or have a query about this policy, please contact our Privacy Officer:
Postal Address: Privacy Officer, PO Box 482, South Yarra, Victoria, 3141, Australia