Purpose of this policy
This Credit Reporting Policy contains important details about credit reporting that will be relevant to you if you are an individual (or, if you are a corporation, then the directors, principals and beneficial owners of that corporation) and you apply for, or propose to be a guarantor for, or are receiving, a product or service from us, where we provide you with credit. It details how we comply with our credit reporting obligations under the Privacy Act 1988 (Cth) (Privacy Act) and the Privacy (Credit Reporting) Code 2014 (Credit Reporting Code).
The Privacy Act 1988 (Cth) (the “Act”) regulates the way in which personal information can be collected, used and disclosed by organisations. The Act and the Credit Reporting Privacy Code registered under the Act (the “CR Code”) contain particular rules that apply to credit providers.
1. Purpose of Collection and Main Consequences If Not Collected
We collect information about you to enable us, as applicable:
- to source for you, or a company of which you are a director, credit
- to identify you (including for the purposes of complying with any applicable anti-money laundering and counter-terrorism financing laws) and to assess your application for credit or to become a guarantor (as the case may be) or to assess your commercial or personal creditworthiness
- to administer any credit facility which is subsequently provided by us or the Credit Provider including managing any account in connection with the credit facility, administering insurance claims, recovering any money owed to us or the Credit Provider, maintaining the value and protecting any assets provided as security for any obligations under the credit facility and for use in connection with the outsourcing of any of our functions or activities
- to collect payments that are overdue in relation to credit provided by us or the Credit Provider to the Customer; and
- otherwise as set out in our privacy policies.
The Credit Provider collects certain information:
- to process an application by you for consumer or commercial credit
- to create assessments and ratings of your credit worthiness
- to assess an application by you to be a guarantor
If all or some of the requested information is not collected, we or the Credit Provider may be unable to assess your application for credit or to become a guarantor.
2. Types of Entities We Usually Disclose Personal Information To
We and the Credit Provider may disclose information to our or the Credit Provider’s funders where necessary in connection with funding an application for credit or funding a credit facility.
We and the Credit Provider also usually disclose information to organisations that include consumer credit reporting bodies (each a “Consumer CRB”), commercial credit reporting bodies (each a “Commercial CRB”), other credit providers (particularly when you are seeking finance from them or to notify them of a default by you or of the status of your credit facility if you are in default with any of those other credit providers), government departments and authorities, courts and external dispute resolution schemes, insurers and underwriters, contractors, related bodies corporate and other members within the same group as us or the Credit Provider, proposed assignees of assets, third parties for securitisation purposes and other associated third parties (for example, mailing houses, debt collectors, valuers, call centre operators, researchers, system developers or testers, accountants, financial advisers, auditors, valuers, lawyers, introducers and brokers), to enable us and the Credit Provider to carry out our respective functions or activities.
We are not likely to disclose information to overseas recipients.
3. Credit Providers
As part of providing our services to you, we may undertake tasks for a Credit Provider which are reasonably necessary to manage the application process. When doing so, we are acting as agent for the Credit Provider, with the same privacy law requirements applying to both of us.
4. Collection of Information
We and the Credit Provider may collect credit-related information from someone other than you to help us decide whether or not to provide credit to you. This information could be collected from:
- a credit reporting body information about you for the purpose of
- assessing an application for credit made by you or the Customer or collecting overdue payments; or
- assessing whether to accept you as a guarantor for credit provided to, or applied for by, the Customer; and
- a business which provides information about the credit worthiness of persons and information about your credit worthiness, which is not credit reporting information.
The types of credit reporting information we or the Credit Provider may collect include:
- identification information about you (including your full name, date of birth, sex, current and previous addresses and current employer, driver’s licence number, identification information)
- banking details, statement of assets and liabilities and other financial information relevant to assessing your application
- consumer credit liability information about you (including, where you have been provided consumer credit, the name of the provider; the type of consumer credit, the repayment terms and conditions, the maximum amount of credit available and the termination date of the consumer credit)
- repayment history information about you (including whether or not you have met an obligation to make a monthly payment in relation to the consumer credit, the due date of the monthly payment and if you make the monthly payment after the day on which it is due and payable, the day on which you make that payment); and
- default information about you (including information about a payment that you are overdue in making in relation to consumer credit where such payment is at least 60 days overdue, written notice has been given by the provider, the provider is not prevented by a statute of limitations from recovering the overdue payment and the overdue amount is equal to or more than $150 (or a higher amount prescribed by regulations).
5. Disclosure of credit information to credit reporting bodies
We or the Credit Provider may disclose to a credit reporting body certain personal information about you and/or allow the credit reporting body to create or maintain information about you.
The credit reporting bodies that we or the Credit Provider may use or disclose information about you include:
Equifax Australia Information Services and Solutions Pty Ltd
GPO Box 964 North Sydney NSW 2059
Phone: 13 83 32
Illion Australia Pty Ltd
Phone: 13 23 33
We further note that:
- a credit reporting body may include information in reports provided to other credit providers to assist them to assess your consumer credit worthiness
- you may obtain a credit reporting body’s policy about their management of credit reporting information from their website
- you have the right to access credit eligibility information from us, to request us to correct the information if it is inaccurate, out-of-date, incomplete, irrelevant or misleading, and to make a complaint to us about a breach of the Australian Privacy Principles under the Act or the CR Code
- you have the right to request a credit reporting body not to use your credit reporting information for the purposes of pre-screening of direct marketing by a credit provider; and
- 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 are likely to be, a victim of fraud.
The information which may be given to a credit reporting body includes (but is not limited to):
- identification information, consumer credit liability information, repayment history information and/or default information about you
- a statement that an information request has been made by us in connection with the Customer’s application for credit or for the purpose of assessing whether or not to accept you as a guarantor (as the case may be) or for a securitisation related purpose; and
- the type of credit and the amount of credit sought in the Customer’s application for credit.
6. Use or Disclosure of Credit Eligibility Information
If we or the Credit Provider hold credit eligibility information about you, we or the Credit Provider may use such information for (among other things) a commercial credit related purpose where authorisation has been obtained for that purpose.
7. Exchanging Information with Guarantors
We or the Credit Provider may give any current or prospective guarantor or security provider any information concerning you/your entity so that they can decide whether to act as guarantor/security provider. This includes information about any facility to be guaranteed (and any facility to be refinanced by it).
8. Access and correction of your credit-related information
You have a right to request access to any credit-related information that we hold about you. If you would like to access the credit-related information that we hold about you, please contact us using the contact details set out below.
Where we hold credit-related information about you, we provide you with access to this information upon request, including by posting or emailing it to you if you request access to your information in those particular manners. We will generally provide access to you within a reasonable time but may refuse to provide access where we are permitted to do so by law.
You also have a right to request that we correct any credit-related information that we hold about you if you believe that this information is inaccurate, out-of-date, incomplete, irrelevant or misleading. You can make such a correction request by using the contact details set out below. We will respond to your request within 30 days (or such longer period as you may agree or we may request).
We will not charge you for making a request for access or for making any corrections to your credit related information. However, we may in some circumstances charge a reasonable administrative fee to cover our costs of providing access to you.
If we cannot respond to your correction request without consulting with other credit providers or credit reporting bodies in relation to your request, we may do so and these bodies are permitted by law to assist us in resolving your correction request.
If we agree to your request, we will promptly correct any credit-related information that we hold about you that we are satisfied is inaccurate, out-of-date, incomplete, irrelevant or misleading. If we do correct your credit-related information at your request, we will inform you and each other credit provider and CRB to which we have previously disclosed that information that we have corrected your information. Where we disclosed your credit-related information after you made a complaint but before it was resolved, we will tell the recipient that you have made such a complaint and we will subsequently inform that entity of the outcome of your correction request.
If we have any other reasons for suspecting that credit-related information that we hold about you has become inaccurate, out-of-date, incomplete, irrelevant or misleading, we may independently decide to correct this information without consulting you. If we do this, we will take reasonable steps to notify that correction to you and to any other entities to which we have previously disclosed that credit-related information (unless it is impracticable for us to do so).
9. Security of your information
Fleetcare will take reasonable steps to ensure that the credit-related information that we hold about you is protected from misuse and loss and from unauthorised access, modification or disclosure. Except to the extent specified otherwise in this Credit Reporting Policy, we will securely store all credit-related information that we collect or hold about you in an electronic system located in Australia.
All the information that we collect from and about you is stored in electronic form. We have implemented certain organisational controls to help us protect your credit-related information from misuse, interference and loss and from unauthorised access, modification or disclosure. These include implementing information technology security policies and systems. Our employees and contractors are trained in the protection and appropriate use of your credit-related information and are also bound by confidentiality provisions that apply to information they access in the course of their employment.
You have a right to complain about any failure by us to comply with the Privacy Act or the Credit Reporting Code in relation to our handling of your credit-related information.
If your complaint relates to our failure to provide access to or to correct any credit related information that we hold about you, you may lodge a complaint directly with the Office of the Australian Information Commissioner (OAIC). For more information, please see www.oaic.gov.au.
If you have a complaint in relation to our handling of your credit-related information that is not mentioned above, you must first lodge your complaint with us using the details set out at the end of this policy and provide us with details of the incident so that we can investigate it.
10. Contact Details
If you have any questions relating to our Credit Reporting Policy then please contact our Privacy Officer at the details set out below:
The Privacy Officer
Fleetcare Pty Ltd
PO Box 9997, Your Capital City
Tel: 134 333
Statement of Notifiable Matters