YOUR PRIVACY AND THE PROVISION OF CREDIT
United Loan Solutions Pty Ltd, t/as LoanU
ACN: 611 343 572, Australian Credit Licence No.: 486303
There are 4 SECTIONS included in this form.
This “Your Privacy and the Provision of Credit” form requests your consent to four different requirements in relation to four different Acts of Parliament. At the end of this document you are asked to sign, indicating that you have carefully read and understood each section separately and consent to the contents of all four of these. Please note, you have the right to refuse to consent to any one or more of the various sections. Please inform LoanU if that is your decision.
Please read each Section carefully.
PRIVACY CONSENT AGREEMENT
By consenting to this section you consent to LoanU, and other entities, as listed below, collecting, holding, using and disclosing personal identification and credit information about you. If you do not provide us with this consent we will be unable to provide you with a loan. For more detail, read the Credit Information (Privacy) Management Policy available on the LoanU website or, on request, via printed copy. This policy contains detailed information concerning the management and use of your information.
The Commonwealth Privacy Act 1988, as amended, the Commonwealth Privacy Regulations 2013, and the Credit Reporting Privacy Code 2014 empower and regulate LoanU in accordance with the following.
Use of your Information – Australian Privacy Principle 6
In accordance with Sections 21G, 21H, 21J and 21 M of the Privacy Act, LoanU collects and holds your personal identification and credit information only for the following purposes:
- to verify your identity and other information provided;
- to assess any application you make for funds;
- to assess your financial circumstances;
- to help us process your application for funds in an efficient manner;
- to avoid the chance you may default on your payment obligations;
- to notify you of a default;
- to notify other credit providers of a default;
- to facilitate the collection of overdue payments; and
- efficiently manage and administer the loans and any services we provide to you.
This information can include any information about your credit worthiness, credit standing, credit history, or credit capacity, that you, other credit providers and credit reporting bodies and their authorised agents are allowed to provide to LoanU under the Privacy Act and/or Credit Reporting Privacy Code. It may also include information provided by referees, relatives, real estate agents and employers listed on your loan application.
By agreeing to this Section, you authorise LoanU to contact your bank, real estate agent, landlord, payroll officer and employer (past and present), plus referees and third parties listed in the credit application/assessment form, to provide any and all permitted relevant information they may have regarding you, including tenancy or employment history and bank account and other financial details.
LoanU may ask you for documents, including one or more of the following:
- 90 days of bank statements, to date of application;
- driver’s licence;
- Centrelink income statements;
- employment payslips;
- bills and invoices, showing current address and payment information;
- bank cards;
- birth certificate;
- proof of age cards;
and the like.This information is only accessed, as required, by LoanU’ employees, representatives, professional advisers, contractors and other service providers, to facilitate the above purposes. LoanU will not sell, rent or trade your personal information.
LoanU reasonably assume that any referral to third parties that you may nominate, in order that LoanU may obtain or verify your personal and other information, will have been with the agreement and knowledge of the third parties involved and that you will have made them aware of the purposes and use of such information, prior to LoanU contacting them.
Information disclosure to a credit reporting body
In accordance with Section 21D of the Privacy Act, LoanU has chosen to continue with the lawful negative credit reporting (privacy) regime. By consenting to this section, you specifically agree that the company may provide information to Equifax, a credit reporting body. This disclosure will be for the following purposes only:
- to obtain identity verification information;
- to obtain a consumer credit report about you, and/or
- to allow the credit reporting body to create or maintain a credit information file, containing information about you.
Your identity verification
LoanU may verify your identity by attempting to match information you have provided with that held by a verification company and/or a credit reporting body. This task may involve the disclosure of your name, date of birth and address, to verify whether or not the personal identity information you have provided to LoanU matches information held by that third party.
If we are unable to verify your identity by the above means, the company will inform you, so that you might contact the verification company or credit reporting body to update your information they hold, or you may ask LoanU to attempt to verify your identity by alternate means.
Information disclosed to one or more credit reporting bodies
The information disclosed to the credit reporting body is limited to (if applicable):
- identity particulars – your name, sex, address (and previous two addresses), date of birth, name of employer and driver’s licence number;
- your application for funds – the fact that you have applied for funds and the amount;
- the fact that LoanU is a current credit provider to you;
- the fact that your loan has incurred overdue account status;
- the fact that your loan has incurred default status; and
- information that, in the reasonable opinion of LoanU, you have committed a serious credit infringement (i.e. you have been fraudulent, or indicated an unwillingness to repay your loan).
Information disclosure to other entities
Under Part 111A of the Privacy Act, LoanU may disclose your personal information to:
- other credit providers;
- our external service providers and their agents who provide business services to us, on a confidential basis, only for the purpose of our business;
- the Financial Ombudsman Service (FOS), to which a complaint relating to a particular service we provide to you can be referred. They can be contacted at Phone: 1300 780 808, Email: firstname.lastname@example.org, Postal address: GPO Box 3, Melbourne, Vic 3001, or go to www.fos.org.au; and
- any court or tribunal as may be required by law.
LoanU may provide limited permitted information to real estate agents, employers, referees and other third party entities that you may have listed in the application/assessment form associated with your application for a loan, for identity and/or credit information verification purposes.
The names and contact details of the other credit providers with whom we have shared information, if any, will be provided on request, as they vary from time to time and for the particular consumer.
Period to which this understanding applies
The information may collected or disclosed before, during, or after the term of the provision of funds.
Information disclosure in the event of a default of your payment obligations
In the event of the creation of an overdue account and/or default of the payment conditions entered into in with Loan U, any information you have provided may be made available to personnel employed by solicitors and/or debt collection agencies authorised by LoanU to assist in the process of recovery of the funds advanced, plus all associated fees and charges (if any) and all relevant legal and reasonable administrative costs incurred.
Access to your personal information
You may access your personal identification and credit information and request changes where relevant. You can apply to LoanU to obtain access to your personal information by contacting the Privacy Compliance Manager, by email at email@example.com, or post to PO Box 1995, Toowong DC, Qld 4066.
You can also apply to access the personal information Equifax holds about you. They may be contacted on telephone no. 1300 762 207, or through www.mycreditfile.com.au.
Concerns and complaints
If you have any privacy management concerns during the application process and/or loan term, please contact LoanU’s Privacy Compliance Manager (details above). You also have a right to ask the relevant credit reporting body not to use your information for pre-screening credit offers and/or not to use your information, if you believe that you have been a victim of fraud.
Commercial credit Information
In order to assess an application for funds, LoanU may obtain a report containing information about your commercial credit activities and/or credit worthiness from a credit reporting body. To the extent that any of this information could be regarded as personal, the provisions outlined in this section, in regard to personal information, apply.
Information Disclosure and Communications Under the SPAM Act 2003
You are informed that Section 16 of the Spam Act provides that LoanU cannot communicate with you via a “commercial electronic message” (email, fax, SMS) without your consent.
As you would expect, for speed and convenience, where possible and with your permission, LoanU would prefer to communicate with you using such electronic means. Without your permission, written communications will have to be conveyed by Australia Post.
The Electronic Transactions Act 1999
You are informed that the Electronic Transactions Act requires that, before LoanU can communicate with you electronically (email, fax, SMS), you also have to give permission under that Act for LoanU to communicate with you in that way.
We seek your permission to:
- electronically format and send you the information that we are obliged to provide under the National Consumer Credit Protection Act 2009 and associated Regulations;
- send you electronic messages, rather than providing paper copies.
You are informed that, in giving this permission, you are agreeing to:
- use the relevant computer programs and have sufficient internet capacity to interact with LoanU’s system;
- regularly check your email Inbox and/or fax machine and/or SMS Inbox;
- not blame LoanU if any properly sent electronic message does not reach you; and
- notify LoanU of any changes to your electronic addresses, and absolve LoanU any liability if you fail to do so.
We remind you that you can withdraw your permission for the above at any time, provided you give LoanU 24 hours’ notice, confirming your current address and contact details.
Information Disclosure Under the Commonwealth Anti-Money Laundering and Counter-Terrorism Legislation
You are informed that, under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), there are provisions for the use of credit reporting information to assist in identity verification. By consenting to this section, you attest that LoanU has informed you of the following statutory provisions.
Under Section 35A(1), this can include the electronic provision of your name and/or address and/or date of birth, as you may have provided to us, to a credit reporting body. This information can and frequently has to be provided to credit reporting bodies by LoanU, for a matching process entailing comparison with personal information about you they already have on their files.
If there is no satisfactory match found and/or the level of verification which we must seek, as part of both our AML/CTF responsibilities and our mandatory credit unsuitability/suitability assessment process under the National Consumer Credit Protection Act 2009 and associated Regulations, is not achieved, we must give you the opportunity to verify your identity by alternative means.
In these circumstances, if you choose not to attempt to verify your identity by contacting the credit reporting body yourself, or by alternative means, or your contact with the credit reporting body is unsuccessful, or we determine that the alternative has failed to provide adequate identity verification, we cannot give you a loan. To do so would threaten our Australian Credit Licence.
Please note that we have to keep a record for 7 years, regarding which credit reporting body we contacted, the personal information we provided and the assessment with which we were supplied.