Privacy Policy - Direct Loans Australia

Information about Privacy and Services by Referral

At Direct Loans Australia powered by Positive Lending Solutions Pty Ltd ABN 62 605 678 813 we respect your privacy

The Australian Commonwealth Government has passed legislation that protects personal information. To ensure that your right to privacy is upheld always, www.directloansaustralia.com.au has developed the following Privacy Policy to satisfy requirements of the National Privacy Principles contained in the legislation.

Important Information you should know

Privacy

Your consent to this Statement will indicate that you have carefully read and understood each section separately. If you consent, you are indicating that you have given willing, informed, direct and not implied consent, to the contents of each section. If you consent, you have indicated that you have given continuing consent for any current contract, future contract and the subsequent administration of those contracts that you may enter with www.directloansaustralia.com.au, until you withdraw your consent in writing, providing the finance provider with a minimum of 24 hours’ notice. Such withdrawal is entirely at your discretion.
Please carefully read each Section.

Warning About Borrowing

Warning – Do you really need a loan or lease today?
Short-term loans and leases are expensive and may not solve your money problems. Check your options before you borrow:

For information about other options for managing bills and debts, Email us at [email protected] or call ( Toll Free ) 1300 380008 from anywhere in Australia to talk to a free and independent financial counsellor
Talk to your electricity, gas, phone or water provider to see if you can work out a payment plan
If you are on government benefits, ask if you can receive an advance from Centrelink: Phone 13 17 94

The Government’s MoneySmart website shows you how small amount loans or leases work and suggests other options that may help you.

If you proceed and consent to forwarding your name and contact details to the credit provider, that credit provider will apply the following Credit Information Privacy Management Policy,

Credit Information (Privacy) Management Policy

This policy has been developed to appropriately acknowledge the importance of, and assist in providing a framework for, the appropriate level of protection for consumer identification and credit information protection. The policy represents the company’s commitment to compliance with the privacy laws and privacy code obligations.

Concerning the collection, holding, use and disclosure of credit related personal information

We provide this policy in accordance with the Privacy Amendment (Enhancing Privacy Protection) Act 2012, hereafter referred to as the Privacy Act, detailing the lawful approach we take in the collection of information in our role as credit providers and/or lessors and in regard to the management and use of all information collected from our potential customers and actual customers, and all subsequent dealings with customer/consumer representatives, credit reporting bodies, and other entities listed in this policy.

For the purpose of this policy document Positive Lending Solutions Pty Ltd (ACN 605 678 813, Australian Credit Licence 484982), our subsidiaries, related businesses and independent contractors are referred to as “ABS” or “We” or “Us”. Positive Lending Solutions Pty Ltd (ACN 605 678 813 facilitates access to products and services that involve the need to collect a diverse range of personal information.

We want you to be confident that the personal information you provide to us is treated with the highest degree of integrity and privacy. However, it is equally important to us that we provide the best possible service across our wide range of products and services. To achieve this aim we need to make the most efficient use of your personal information.

We recognise that any personal information we collect about you will only be used for the purposes we have collected it or as allowed under the law. It is important to us that you are confident that any personal information we hold about you will be treated in a way which ensures protection of your personal information.

In handling your personal information ABS is committed to complying with the Privacy Act and Australian Privacy Principles.

What is “personal information”

Personal information is any information or opinion about you in which you are identified, or in which your identity can reasonably be ascertained from the information or opinion. It does not matter whether the information or opinion is true or not, or whether it is recorded in a material form or not. The personal information we hold about you may include credit information.

Credit information is information which is used to assess your eligibility to be provided with finance and may include any finance that you have outstanding, your repayment history in respect of those loans, and any defaults. Usually, credit information is exchanged between credit and finance providers and credit reporting bodies.

The kinds of personal information we may collect about you include your name, date of birth, address, account details, occupation, and any other information we made need to identify you.

If you are applying for finance we may also collect the ages and number of your dependants and cohabitants, the length of time at your current address, your employment details and proof of earnings, expenses and other financial information. If you apply for any insurance product through us we may also collect your personal information.

If you want to make purchases from or through us we will also collect your payment information. We will also collect this information if we need to make payments to you. If you apply for employment with us we will collect information about your work history and ask your referees about you.

Collection of information

We collect personal information from you when you apply for or use our products and services. We may also collect your personal information for the purposes of direct marketing and managing our relationship with you. From time to time we may offer you other products and services.

Collecting your personal information also allows us to identify and protect your personal information, including account information and services, from unauthorised access. We will only collect such personal information if it is necessary to provide our products and services.

Where possible we collect your personal information directly from you. You provide this information to us when you apply, request products and services or make an enquiry. We may also collect your personal information from credit reporting bodies, finance brokers and other people such as accountants and lawyers.

In most cases we will request your consent to any collection and take reasonable steps to ensure that you are made aware of who we are, the purpose of the collection, how you can access your information and who we may disclose your information to.

It will typically be necessary for us to identify you in order to successfully do business with you. However, where it is lawful and practicable to do so, we will offer you the opportunity of doing business with us without providing us with personal information. For example, if you make general inquiries about interest rates or current promotional offers.

Use and disclosure of personal information

We may use or disclose personal information for the primary purpose for which it was collected. We may also use the information for a related purpose and where it would reasonably be expected by you that we use the information in such a way. This information is only disclosed to third parties in the circumstances covered in this policy or as otherwise notified to you at the time of collection of the information.

We may need to disclose aspects of your personal information:

to prospective funders, insurers or other intermediaries in relation to your requirements;

to other organisations that are involved in managing or administering your finance such as third party suppliers, printing and postal services, call centres;

to associated businesses that may want to market products to you;

to companies that provide information and infrastructure systems to us;

to anybody who represents you, such as finance brokers, lawyers and accountants;

to anyone, where you have provided us consent;

where we are required to do so by law, such as under the Anti-Money or Laundering and Courter Terrorism Financing Act 2006 (Cth);

to investors, agents or advisers, or any entity that has an interest in our business; or

to your employer, referees or identity verification services.

Prior to disclosing any of your personal information to another person or organisation, we will take all reasonable steps to satisfy ourselves that:

a) the person or organisation has a commitment to protecting your personal information at least equal to our commitment; or
b) you have consented to us making the disclosure. We may use cloud storage to store the personal information we hold about you. The cloud storage and the IT servers may be located outside Australia.

We may disclose your personal information to overseas entities that provide support functions to us. You may obtain more information about these entities by contacting us.

Direct Marketing

From time to time we may use your personal information to provide you with current information about finance, offers you may find of interest, changes to our organisation, or new products or services being offered by us or any company with whom we are associated.

If you do not wish to receive marketing information, you may at any time decline to receive such information by telephoning us on 1300 380 008 or emailing [email protected]. If the direct marketing is by email you may also use the unsubscribe function. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.

Ensuring your personal information is up-to-date

We rely on the personal information we hold about you to efficiently conduct our business of providing or arranging products and services. For this reason, it is very important that the personal information we collect from you is accurate, complete and up-to -date. During the course of our relationship with you we may ask you to tell us of any changes to your personal information. We also invite you to contact us at any time to update or correct your personal information.

Security and Storage

We will take reasonable steps to protect your personal information by storing it in a secure environment. We may store your personal information in paper and electronic form. We will also take reasonable steps to protect any personal information from misuse, loss and unauthorised access, modification or disclosure.

Access and Correction to your Personal Information

You may request access to any of the personal information we hold about you. In most cases, details of the personal information we hold about you is available by contacting an Direct Loans Australia representative.

If the information you seek is not readily available, for example, archived data, then we will endeavour to provide this to you within 30 days of your request. We reserve the right to charge you a fee for this retrieval.

We may be required by law or by good business practice to retain your personal information for a period of time after you have ceased your relationship with us. After the required time has passed we attend to the secure destruction or deletion of your personal information.

We are not always required to provide you with access to your personal information upon your request.

We may refuse you access to personal information in a number of circumstances, such as where the information may relate to existing or anticipated legal proceedings with you, where denying access is required or authorised by law, or where the request for access is regarded as frivolous or vexatious.

If we deny your request for access to, or refuse your request to correct your personal information, we will explain why and will keep a record of your request on our file.

If any of the personal information we hold about you is incorrect, inaccurate or out of date you may request that we correct the information. If appropriate we will correct the personal information. At the time of the request, otherwise, we will provide an initial response to you within seven days of receiving your request. Where reasonable, and after our investigation, we will provide you with details about whether we have corrected the personal information within 30 days.

If we refuse to correct personal information we will provide you with our reasons for not correcting the information.

Using Government Identifiers

If we collect government identifiers, such as your tax file number, we do not use or disclose this information other than required by law. We will never use a government identifier in order to identify you.

Collection of Sensitive Information

Personal information concerning particular topics is regarded as sensitive information. Sensitive information is personal information that includes information relating to your racial or ethnic origin, political persuasion, memberships in trade or professional associations or trade unions, sexual preferences, criminal record, or health.

We generally have very limited need to obtain such information, however may require some information such as a criminal record or health to arrange certain insurance facilities. If such information is needed then it will only be obtained and/or used with your consent. If, in the course of arranging your application or facilities, such information does come into our possession from a third party, we will seek your consent to collect, store and use this should we consider such use necessary in your application.

Cookies

A ‘cookie’ is a packet of information placed on a user’s computer by a website for record keeping purposes. Cookies are generally used on our sites to:

manage advertising – we use advertising companies to deliver our online advertising. When you see one of our ads on a third party website, cookies are sometimes used to collect information about what pages you visit and the type of software you are using

traffic monitoring – we use tracking companies to gather information about how people are using our sites, this information includes time of visit, pages visited, and some system information about the type of computer you are using. We use this information to enhance the content and services offered on the site.

Cookies may also be used for other purposes but in each case none of the information collected can be used to personally identify you.

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences).

If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites then you may not be able to gain access to all of the content and facilities in the website.

Our Privacy Policy may change from time to time

We constantly review all our policies and procedures to keep up to date with changes in the law, technology and market practice. As a result we may change this Privacy Policy from time to time.

You may request this privacy policy in an alternative form.You can download this privacy policy in its entirety as a PDF.

This Privacy Policy came into existence on 5th March 2014.

Complaints

If you are dissatisfied with how we have dealt with your personal information, or you have a complaint about our compliance with the Privacy Act, you may contact our complaints officer on 1300 380 008 or [email protected].

We will acknowledge your complaint within seven days. We will provide you with a decision on your complaint within 30 days.

If you are dissatisfied with the response of our complaints officer you may make a complaint to our External Dispute Resolution Scheme, the Credit and Investment Ombudsman (CIO) which can be contacted on either www.cio.org.au or 1800 138 422; or the Privacy Commissioner which can be contacted on either www.oaic.gov.au or 1300 363 992.

Further information

If you require further information regarding our Privacy Policy, please contact us at the following address, [email protected].

Should you wish find out more about the privacy legislation or the Australian Privacy Principles, we recommend that you visit the Federal Privacy Commissioner’s website at www.privacy.gov.au.

SECTION 1

Privacy Consent Agreement

By consenting to this section you consent to www.directloansaustralia.com.au and other entities, as listed below, collecting, holding, using and disclosing personal identification information about you. If you do not provide us with this consent, we will be unable to provide you with a loan or lease. For more detail, read the company’s Credit Information (Privacy) Management Policy.

The Commonwealth Privacy Act 1988, as amended, the Commonwealth Privacy Regulations 2013, and the Credit Reporting Privacy Code 2014 empower and regulate www.directloansaustralia.com.au and Direct Loans Australia powered by Positive Lending Solutions Pty Ltd ABN 62 605 678 813 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, Direct Loans Australia powered by Positive Lending Solutions Pty Ltd ABN 62 605 678 813 refers your contact details to Positive Lending Solutions Pty Ltd who collects and holds your personal identification and credit information only for the following purposes:

to verify your identity
to provide your name and contact details to the credit provider as a referrer.

This information is only accessed, as required, by www.directloansaustralia.com.au’s employees, representatives, professional advisers, contractors and other service providers, to facilitate the above purposes. www.directloansaustralia.com.au will not sell, rent or trade your personal information.

Declaration by Consumer

I/we hereby declare that I/we have read the above and note and accept the rights of www.directloansaustralia.com.au concerning the collection and referral of my/our identification and contact details to Positive Lending Solutions Pty Ltd ABN Australian Credit Licence 484 982 for the purpose of ABS assessing and assisting with the provision of financial services.
Consent of consumer/s:

SECTION 2

Information Disclosure and Communications Under the SPAM Act 2003

You are informed that Section 16 of the Spam Act provides that www.directloansaustralia.com.au 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, www.directloansaustralia.com.au 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 www.directloansaustralia.com.au 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.

Consent of consumer/s:

SECTION 3

The Electronic Transactions Act 1999

You are informed that the Electronic Transactions Act requires that, before www.directloansaustralia.com.au can communicate with you electronically (email, fax, SMS), you also have to give permission under that Act for www.directloansaustralia.com.au and Positive Lending Solutions Pty Ltd 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 www.directloansaustralia.com.au system;
regularly check your email Inbox and/or fax machine and/or SMS Inbox;
not blame www.directloansaustralia.com.au if any properly sent electronic message does not reach you; and
notify www.directloansaustralia.com.au of any changes to your electronic addresses, and absolve directloansaustralia.com.au 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 www.directloansaustralia.com.au 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 www.directloansaustralia.com.au to communicate with me/us electronically, under the Electronic Transactions Act 1999 and associated Regulations.
Consent of consumer/s:

SECTION 4

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 www.directloansaustralia.com.au 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 the credit provider/s, 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 ABS’s AML/CTF responsibilities and ABS’s mandatory credit or lease 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 proceed to process an application for a loan or lease. To do so would threaten the credit provider’s 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 www.directloansaustralia.com.au to undertake electronic or emailed verification of my/our identity.

Consent of consumer/s:

General Declaration

I/we acknowledge and accept that all sections of this document are part of a credit or lease application and loan or lease suitability assessment process and may also apply to the consequent loan or lease administration and/or collection facilitation.

We thank you for your consideration, understanding and patience.