Privacy policy.
KEY DEFINITIONS
CP derived information means any personal information (other than sensitive information) about an individual that:
is derived from credit reporting information about the individual that was disclosed to Advipay by a credit reporting body;
has any bearing on the individual’s credit worthiness; and
is used, or has been used, or could be used, in establishing the individual’s eligibility for consumer credit.
Credit eligibility information means:
information about an individual that is disclosed to Advipay by a credit reporting body; or
CP derived information about an individual.
Credit information means personal information (other than sensitive information) related to:
an individual’s identity, consumer credit liability, repayment history, default information, payment information, new arrangement information and personal insolvency information;
information requests made about the individual by Advipay;
the type and amount of consumer or commercial credit which the individual has sought in an application made to Advipay and for which Advipay has made an information request in relation to the individual;
court proceeding information involving the individual;
publicly available information about the individual which relates to an individual’s activities in Australia or the external Territories and the individual’s credit worthiness;
any other publicly available information about an individual which is not court proceedings information or information entered or recorded on the National Personal Insolvency Index; or
Advipay’s opinion that an individual has committed a serious credit infringement in relation to consumer credit provided by Advipay to an individual.
Personal information means information or an opinion about an individual (who can reasonably be identified), whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
Sensitive information means:
(a) information or an opinion about an individual's:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual orientation or practices; or
(ix) criminal record;
that is also personal information; or
(b) health information about an individual; or
(c) genetic information about an individual that is not otherwise health information; or
(d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
(e) biometric templates.
WHAT IS THIS POLICY ABOUT?
Who does this policy apply to and what does it cover?
This policy describes how we, Advipay Group Pty Limited (Advipay, we, us or our), collects, uses, discloses and holds “personal information” collected from individuals.
This policy also describes how Advipay collects, uses, discloses and holds “credit information”, “credit eligibility information” and “CP derived information” (together, credit related personal information).
What is our privacy commitment to you?
We are committed to complying with our obligations under the Privacy Act 1988 (Cth) (Privacy Act) including the Australian Privacy Principles by protecting the privacy and confidentiality of your personal information and credit related personal information.
As a finance company we also comply with:
the Credit Reporting Privacy Code 2014 (CR Code);
the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) and the supporting Anti-Money Laundering and Counter-Terrorism Financing Rules 2007 (Cth) (AML/CTF Rules).
When we collect, use, disclose, store, access, destroy or correct your personal information, our actions will comply with the Privacy Act, including the Australian Privacy Principles, the CR Code, the AML/CTF Act and the AML/CTF Rules.
Where appropriate, we will handle your personal information and credit related personal information relying on the employee records exemption and the related bodies corporate exemption in the Privacy Act.
What kinds of personal information do we collect and hold?
We collect and hold a wide range of personal information, and in some cases sensitive information, including:
your contact details (such as your name, including previous names or aliases, email addresses, residential address, phone numbers, office address);
your date and place of birth;
your gender;
your qualifications, titles and employment history and details;
your bank account details and other banking information and transaction history;
copies or electronic verification of your primary identification documents (such as a passport, driver’s license, birth certificate, medicare card or citizenship certificate etc);
your credit history;
your browsing history on the Advipay website including tracking of the pages you visit on the Advipay website; and
records of your communications and other interactions with us.
From time to time, we may collect additional information related to surveys, specific promotions, services or activities. Wherever practicable, we will advise you of the information being collected and provide you with an opportunity to refuse the collection of the information.
What kinds of credit related personal information do we collect and hold?
In addition to the personal information listed above, we also collect credit related personal information necessary for us to provide credit services to you and which allows us to carry on our business.
The main types of credit related personal information we collect about you includes:
credit reporting information disclosed to Advipay by a credit reporting body, whether or not that information has any bearing on your credit worthiness or your eligibility for consumer or commercial credit;
identification information (such as your name, aliases or previous names, date of birth, gender, current and previous addresses, current and previous employers and driver’s licence numbers);
the type and amount of credit (including consumer or commercial credit) you applied for and the terms of any credit which Advipay provides to you;
information about your payments and defaults;
any information which, in Advipay’s opinion, relates to a credit infringement you have committed in connection with credit which Advipay has provided to you;
new arrangement information, being information relating to a variation of the terms or conditions of credit which Advipay has provided to you following a default or credit infringement.
How does Advipay collect your information?
Advipay generally collects your personal information and credit related personal information directly from you or when you use the Advipay website or complete Advipay forms. However, there are certain instances where we will collect information about you from third parties where it is unreasonable or impracticable to collect it directly from you. For instance, where you have put in an application for a factoring or a loan account we may, for the purposes of assessing your application, obtain information from a credit reporting organisationbody. We will of course obtain your consent to do this.
Will I be notified that my personal information or credit related personal information is being collected?
When we collect information from you, we will take reasonable steps to notify you (or otherwise ensure you are that you are aware) of the following:
our identity and contact details;
the facts and circumstances of the collection;
details of any laws that require or authorize the collection;
the purposes of collection;
the consequences if we do not collect the information;
that this policy contains information about how you can access or correct your information or make a complaint about Advipay; and
whether we are likely to disclose the information overseas (and if so to which countries).
One way to notify you of the above is by making you aware of this policy.
If you give us personal information or credit related personal information about others, we expect you will tell them about this privacy policy.
For what purposes does Advipay collect, hold, use and disclose your personal information and credit related personal information?
We collect, hold, use and disclose personal information and credit related personal information to operate Advipay’s various businesses, carry out certain activities, provide products and services to customers and to comply with our legal obligations.
Some of the purposes for Advipay collecting personal information and credit related personal information include:
enabling us to establish your identity and process your application, process any changes to your facility or continue to offer our services to you. This is discussed in more detail below;
sending you emails to confirm receipt of your loan request and to confirm that we have processed your loan request;
contacting you by phone or email if we have any questions in relation to your loan or any relevant documentation;
maintaining or updating your account records;
administering our products or services;
managing our relationship with you;
managing our risks and help identify any illegal activity such as fraud;
improving our business and services to you;
complying with our legal obligations including by providing information to government bodies, regulatory bodies such as the Australian Taxation Office (ATO) or to AUSTRAC and law enforcement agencies; and
providing information to third parties as required or as authorised or provided by law.
We do not use your personal information to offer you other products or services or to send you marketing materials.
Is Advipay required by law to collect personal information or credit related personal information?
Another reason we collect personal information is to comply with our legal obligations, such as anti-money laundering laws.
The AML/CTF Act imposes a number of obligations on Advipay to collect specific personal information prior to providing certain financial and credit related services and to identify, manage and mitigate any potential risk of money-laundering or of financing terrorist activity. The legislation also imposes certain reporting obligations on Advipay.
How does Advipay use your information?
We use your personal information and credit related personal information primarily to allow us to carry out the activities, functions and purposes listed above.
We also use your personal information for secondary purposes related to those activities or when allowed under the Privacy Act.
Can I refuse to give Advipay my personal information or credit related personal information (including sensitive information)?
You can refuse to provide us with your personal (including sensitive) information or credit related personal information. However if you refuse to provide us with this information, we may not be able to provide our services to you. For example, if you are seeking a loan, we may not be able to consider your application.
You have the option of not identifying yourself or using a synonym pseudonym when dealing with us. However, this will be limited to enquiries of a very general nature only. It is impracticable and, in some circumstances, it is unlawful for us to deal with individuals who have not identified themselves or who have used a pseudonym synonym when providing our services because of our obligations under the AML/CTF Act and the AML/CTF Rules.
Does Advipay share your information with third parties?
We may exchange personal information with our agents, contractors and external service providers (including organisations that assist us by providing mail delivery or courier services for the purpose of picking up your documentation in an efficient manner or that we outsource certain functions to such as technology support).
We may also share your personal information with credit reference organisations and credit providers, third party account aggregation services, debt collectors, legal and financial advisors and auditors and financial institutions as we deem necessary. We may disclose your information to Australian regulators and entities established to help identify illegal activity and fraud such as AUSTRAC and the ATO and law enforcement agencies if required to do so.
We may also disclose information to an external dispute resolution scheme.
We may also disclose information to someone you have listed as a reference (e.g. a trade reference or a landlord reference) or to your nominated guarantor or to your appointed representatives (including your agent, broker, holder of your power of attorney, legal adviser, accountant or financial adviser). We will not sell or pass on your details to any non-associated business. We do not currently exchange any of your personal information with any overseas entities or with entities that do not have an Australian link. Where it is necessary for us to give third parties access to your personal information, we will take reasonable precautions to ensure that those third parties comply with the Privacy Act and the APPs when they handle your personal information.
We will disclose your personal information if we are required or authorized to do so by law enforcement agencies, Court order, the Office of the Australian Information Commissioner, the Australian Electoral Commission, the Department of Family and Community Services or the Australian Taxation Office.
Credit checks, credit reporting and third-party account aggregation services
When you apply to Advipay for a loan facility, we need to know if you are able to meet repayments under your agreement with us. We also want to avoid increasing your credit limit where this may lead to financial hardship. In order to help us make these determinations one of the checks we may perform is to obtain a credit report about you from a credit reporting organizationbody. We may also use third party account aggregation services for the purpose of collecting relevant bank account transaction information. In such circumstances we will obtain your prior consent.
The Privacy Act and the CR Code set out the type of information that a credit provider can exchange with a credit reporting body and the manner in which credit providers can use credit reports. The information we can disclose to a credit reporting body includes:
your identification details,
the type and quantum of facility you have or for which you are applying,
whether or not payment obligations have been met to date,
whether you have committed an act of fraud or other serious credit infringement.
We ask the credit reporting body to provide us with an overall assessment score of your creditworthiness as well as a credit report which contains information on your credit history, personal information, lists consumer and commercial credit information and public record information. We currently use Veda Advantage Information Services and Solutions Limited (Veda) (ABN 26 000 602 862). You can access a copy of their privacy and credit reporting policies as follows:
Website: www.veda.com.au Phone: 1300 762 207 Address: Attn: Veda Public Access, PO Box 964, North Sydney NSW 2059.
We use the information obtained from credit reporting bodies to confirm your identity and perform our own internal assessment of your credit worthiness which assists us in assessing your initial application for a loan facility. The information may impact as to whether or not an application is approved and the facilities offered to the applicant. The information may also be used to collect overdue payments and to manage our relationship with you.
Under the Privacy Act, credit reporting bodies may use your personal information in reports to credit providers to assess your creditworthiness. They are also expressly permitted to use credit information for the purposes of providing pre-screening services to licensed credit providers. This means that a bank or other credit provider may be able to send you direct marketing material offering you a credit card or other financial service. You have the right to request that a credit reporting body does not use your credit reporting information for the purposes of pre-screening or direct marketing by a credit provider. You may opt-out by going to www.donotcontact.com.au and filling in the online form or by contacting Veda as outlined above.
Further, you have the right to request the 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.
FREQUENTLY ASKED QUESTIONS
How does Advipay protect your personal information (including credit related personal information)?
We take reasonable steps to ensure that your personal information is safe and secure from unauthorised use and disclosure whether such information is stored electronically or in hard copy.
We enter your personal information into our secure online portal and your information is securely stored on the cloud. All information stored electronically is password protected, encrypted, protected by firewalls and other protective software and very limited access is granted to that information.
All hard copy files are kept securely and files which are no longer current are archived in a secured storage area.
How does Advipay dispose of personal information?
Files that have been finalised are archived and stored securely for 7 years. After that the hard copies are destroyed using a secure waste disposal service.
When electronic equipment is decommissioned our IT contractors remove and destroy the hard drive to ensure all personal information is destroyed.
What happens if my personal information or credit related personal information is involved in a data breach?
Advipay has various security measures in place to protect your personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure.
In the unlikely event that Advipay’s security measures are compromised and your information is the subject of a data breach, Advipay will comply with its obligations for responding to data breaches outlined in the Privacy Act.
Upon becoming aware of a data breach, Advipay will take urgent steps to contain the breach, mitigate any risk of harm and determine who may have been affected.
Advipay will then assess the breach, including any potential for harm, and determine whether the breach is likely to result in serious harm to any person whose data was involved.
If Advipay has reasonable grounds to believe that the breach is likely to result in serious harm to you, Advipay will notify you of the breach as soon as possible. Advipay will also notify the Office of the Australian Information Commissioner.
Following a breach, Advipay will conduct a review of its security measures and implement any additional measures it considers necessary to enhance the security of your information.
What does this policy mean?
By using our services you consent to the terms of this policy.
From time to time, your additional consent will be sought for the collection, use or disclosure of information for purposes other than as set out in this policy.
If you do not agree to any part of this policy please contact the privacy officer listed below.
How do I access and correct my personal information (including credit related personal information)?
Should you wish to access or correct your personal information and credit related personal information please contact us by phone, email or mail.
You may request access to the personal information Advipay holds about you. You can also ask for corrections to be made. Advipay does not charge a fee for requesting that your personal information is corrected or for us to make the corrections. However, in processing your request for access to your personal information a reasonable cost may be charged to cover the cost of locating the information and staff time in compiling the information to give to you. For security reasons, before we can provide you with access to personal information we will need to confirm your identity.
We will generally provide you access to your personal information within 30 business days of receipt of the request (unless unusual circumstances apply). If your correction request is taking longer than expected and will take in excess of 30 days to resolve we will contact you and let you know what is happening and a date by which you can reasonably expect a response.
If we agree that our records need to be corrected and we have previously disclosed that information to a credit reporting agency or other person, we will tell them about the correction too.
In some circumstances, we have the right to deny your request for access to personal information, for example, if giving you the information would unreasonably affect someone else’s privacy, or pose a threat to someone’s life, health or safety, or prejudice an investigation of unlawful activity, or where the personal information relates to existing or anticipated legal proceedings and the information would not be accessible by the process of discovery in those proceedings. If this occurs we will notify you accordingly and specify the reason why any such request has been refused. If you do not agree with the refusal, you may lodge a complaint about the refusal. If we refuse your request to correct your personal information you have the right to request that a statement be associated with your personal information noting that you disagree with its accuracy.
What information is collecting by using our website?
Each time you visit Advipay’s website we, or our Internet Service Provider (ISP), may collect information about you, including a record of the date and time of your visit, which pages you viewed and forms you completed and your IP address.
Advipay’s website makes use of technology called cookies. Cookies are small pieces of information stored on your hard drive or in memory. Most internet browsers are set up to accept cookies but you can disable cookies if you wish to. We use cookies to improve the functionality of our website.
Our website may, from time to time, contain links to the websites of other organisations. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy and credit reporting privacy statements.
How do I make a complaint about privacy to Advipay or contact Advipay’s Privacy Officer?
If you have any questions or feedback about privacy or wish to obtain a hard copy of this policy please do not hesitate to contact us.
If you wish to make a complaint about the way in which we have handled your personal information (including credit related personal information) or believe we have breached the Privacy Act, the APPs or the CR Code, you may contact us as set out below:
Website:
Email:
Advipay.com.au
Phone:
1300 876 574
Address:
Privacy Officer
Advipay Group Pty Ltd
PO BOX 2356 BONDI JUNCTION NSW 1355
We will acknowledge your complaint as soon as reasonably possible after receipt. We will also let you know if we need any additional information from you in order to resolve your complaint.
We always strive to resolve complaints as quickly as possible and generally within 10 business days. If your complaint is taking longer than expected to resolve we will contact you with an update and a date by which you can reasonably expect a response. In the case of a credit information related complaint we may need to consult with other credit providers or credit reporting bodies which can take some time. Accordingly, for credit information related complaints, if we cannot resolve the matter within 30 days we will contact you with an update and a date by which you can reasonably expect a response. We will also seek your agreement to extend this timeframe.
If you are not satisfied with the manner in which we have handled your complaint or with our response there are other bodies you can go to for an external review of your complaint.
The Financial Ombudsman Service (FOS) can consider most complaints about credit related personal information involving providers of financial services. FOS contact details are:
Website: www.fos.org.au
Phone: 1300 78 08 08
Address: Financial Ombudsman Service
GPO Box 3
Melbourne VIC 3001
The Office of the Australian Information Commissioner (OAIC)
Website: www.oaic.gov.au
Email: enquiries@oaic.gov.au
Phone: 1300 363 992
Address: Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Changes to our Privacy and Credit Reporting Privacy Policy
Advipay may change the manner in which it handles personal information including credit related personal information from time to time for any reason. If we make a change, this Policy will be updated accordingly.
Implementation Date
This policy is effective from May 2021.