YOUR PRIVACY AND THE PROVISION OF CREDIT
Venus Capital Unit Nominees Pty Ltd ATF Venus Capital Unit Trust, t/as Buddy Loans, Authorised Credit Representative No.468823 of Australian Credit Licence No.459305.
There are 4 SECTIONS included in this form.
By continuing to the next section in this “Your Privacy and the Provision of Credit” form you will be indicating that you have carefully read and understood each section separately. You are indicating that you have given willing, informed, direct and not implied consent to the contents of each section. We invite you to give your consent to all four sections, but we emphasise, you have the right to refuse to consent to any one or more of the various sections.
Please read each Section carefully.
PRIVACY CONSENT AGREEMENT
By consenting to this section you consent to Buddy Loans 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 company’s Credit Information (Privacy) Management Policy available on this website or, on request, via printed copy. This policy contains detailed information concerning the company’s 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 Buddy Loans 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, Buddy Loans 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;
• efficiently manage and administer the loans and any services we provide to you; and
• to introduce you to another credit provider, when we act as a referrer.
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 Buddy Loans 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 Buddy Loans 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.
Buddy Loans 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 Buddy Loans’ employees, representatives, professional advisers, contractors and other service providers, to facilitate the above purposes. Buddy Loans will not sell, rent or trade your personal information.
Buddy Loans reasonably assumes that any referral to third parties that you may nominate, in order that Buddy Loans 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 Buddy Loans contacting them.
Information disclosure to a credit reporting body
In accordance with Section 21D of the Privacy Act, Buddy Loans 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 Veda/Dunn & Bradstreet, 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
Buddy Loans 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 Buddy Loans 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 Buddy Loans 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 Buddy Loans 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 Buddy Loans, 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, Buddy Loans 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 Credit Ombudsman Service Ltd, to which a complaint relating to a particular service we provide to you can be referred. Telephone 02 9273 8400, or Email: email@example.com; and
• any court or tribunal as may be required by law.
Buddy Loans 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.
The information we may provide to another credit provider, when acting as a referrer, will be limited to the following:
- your name;
- your contact details;
- the purpose of your proposed loan; and
- the amount you seek to borrow.
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 Buddy Loans, any information you have provided may be made available to personnel employed by solicitors and/or debt collection agencies authorised by Buddy Loans 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 Buddy Loans to obtain access to your personal information by contacting the Privacy Compliance Manager by email at Email: firstname.lastname@example.org, 1300 883 525, or post to Level 14, 74 Castlereagh St, Sydney 2000.
You can also apply to access the personal information Veda holds about you. They may be contacted on telephone no. 1300 762 207, or through www.mycreditfile.com.au. You can also apply to access the personal information Dunn & Bradstreet holds about you. They may be contacted on telephone no. 13 23 33, or through www.dnb.com.au.
Concerns and complaints
If you have any privacy management concerns during the application process and/or loan term, please contact Buddy Loans’ Privacy Compliance Manager. 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 commercial funds, Buddy Loans 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.
DECLARATION BY CONSUMER
I/we hereby declare that I/we have read the above and note and accept the rights of Buddy Loans concerning the collection and use of my/our personal identification and credit information.
Information Disclosure and Communications Under the SPAM Act 2003
You are informed that Section 16 of the Spam Act provides that Buddy Loans 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, Buddy Loans would prefer to communicate with you using such electronic means.
Without your permission, written communications will have to be conveyed by Australia Post.
DECLARATION BY CONSUMER
I/we hereby declare that I/we have read, understood and noted the above and hereby provide my/our express and informed consent for Buddy Loans to communicate with me/us electronically, via email, fax and/or SMS as relevant, address details for which we have willingly provided for contractual and communications purposes.
The Electronic Transactions Act 1999
You are informed that the Electronic Transactions Act requires that, before Buddy Loans can communicate with you electronically (email, fax, SMS), you also have to give permission under that Act for Buddy Loans to communicate with you in that way.
We seek your permission to:
1. electronically format and send you the information that we are obliged to provide under the National Consumer Credit Protection Act 2009 and associated Regulations;
2. send you electronic messages, rather than providing paper copies.
You are informed that, in giving this permission, you are agreeing to:
(a) use the relevant computer programs and have sufficient internet capacity to interact with Buddy Loans’ system;
(b) regularly check your email Inbox and/or fax machine and/or SMS Inbox;
(c) not blame Buddy Loans if any properly sent electronic message does not reach you; and
(d) notify Buddy Loans of any changes to your electronic addresses, and absolve Buddy Loans from 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 Buddy Loans 24 hours’ notice, confirming your current address and contact details.
DECLARATION BY CONSUMER/S
I/we hereby declare that I/we have read, understood and noted the above and hereby provide my/our express and informed consent for Buddy Loans to communicate with me/us electronically, under the Electronic Transactions Act 1999 and associated Regulations.
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 Buddy Loans 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 Buddy Loans, 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.
DECLARATION BY CONSUMER/S
I/we hereby declare that I/we have read, understood and noted the above and hereby provide my/our express and informed consent to allow Buddy Loans to undertake electronic or emailed verification of my/our identity.
I/we acknowledge and accept that the four sections of this document are part of a credit application and loan suitability assessment process and may also apply to the consequent loan administration and/or collection facilitation.
Consent of consumer/s with respect to the above four consumer declarations.