EQUIUS PTY LTD T/AS EQUIUS MONEY – PRIVACY CONSENT AGREEMENT

By consenting to this section you consent to Equius Pty Ltd 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 Privacy Act 1988(Cth), as amended, the Privacy Regulations 2013(Cth), and the Privacy (Credit Reporting) Code 2014 empower and regulate Equius Pty Ltd in accordance with the following.

Use of your Information in accordance with the Privacy Act, Equius Pty Ltd 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 or a credit reporting body 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
Consumer and commercial credit-related information

Credit information includes information such as your identity information, the type, terms and maximum amount of credit provided to you, repayment history information, default information (including overdue payments), court information, new arrangement information, personal insolvency information and details of any serious credit infringements. Credit eligibility information is credit reporting information supplied to us by a credit reporting body (CRB), and any information that we derive from it. Collectively, we refer to this as credit-related information.

We may exchange your commercial and consumer credit-related information with a CRB to assess an application for consumer or commercial credit and manage that credit. In particular, we can obtain credit-related information about you from a CRB providing both consumer and commercial credit-related information.

We and our Insurers may exchange your personal information and credit-related information with a CRB. The information may be included in reports that the CRB give other organisations (such as other lenders) to help them assess your credit worthiness. Some of the information may adversely affect your credit worthiness (for example if you have defaulted on your loan) and accordingly, may affect your ability to obtain credit from other lenders

Credit Reporting Bodies (CRBs)
Your identity verification

Equius Pty Ltd 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 Equius Pty Ltd 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 Equius Pty Ltd to attempt to verify your identity by alternate means.

Information disclosure to other entities

Under the Privacy Act, Equius Pty Ltd 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;
  • Financial Ombudsman Service Australia (FOS), to which a complaint relating to a particular service we provide to you can be Telephone – 1800 367 287, email – info@fos.org.au, website – www.fos.org.au; and;
  • any court or tribunal as may be required by law.

Equius Pty Ltd 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.

Referred information

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
  • The amount you seek to borrow
Period to which this understanding applies

The information may be 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 Equius Pty Ltd, any information you have provided may be made available to personnel employed by solicitors and/or debt collection agencies authorised by Equius Pty Ltd 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 Equius Pty Ltd to obtain access to your personal information by contacting the Privacy Compliance Manager by email at info@equius.com.au, or post to PO Box 21, Charlestown, NSW 2290.

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 Equius Pty Ltd’s 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, Equius Pty Ltd 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 (Cth)

The Spam Act provides that Equius Pty Ltd cannot communicate with you via a “commercial electronic message” (email, SMS or social media) without your consent. As you would expect, for speed and convenience, where possible and with your permission, Equius Pty Ltd 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 TRANSACTION ACT 1999 (Cth)

You are informed that the Electronic Transactions Act requires that, before Equius Pty Ltd can communicate with you electronically (email, fax, SMS or social media), you also have to give permission under that Act for Equius Pty Ltd 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 You are informed that, in giving this permission, you understand that:
    • a. we may no longer send paper copies of notices and other documents to you;
    • b. you can use the relevant computer programs and have sufficient internet capacity to interact with Equius Pty Ltd’s system;
    • c. you should regularly check your email Inbox and/or fax machine and/or SMS Inbox for notices and other documents;
    • d. we may send the notices and other documents by email, or provide a notice in an email that the documents are displayed on and can be retrieved from a website;
    • e. you will not blame Equius Pty Ltd if any properly sent electronic message does not reach you; and
    • f. you will notify Equius Pty Ltd of any changes to your electronic addresses, and absolve Equius Pty Ltd from any liability if you fail to do

We remind you that you can withdraw your permission for the above at any time.

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 Equius Pty Ltd 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 Equius Pty Ltd, 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.